Bill Text: TX HB2518 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to required lease terms for public property leased to a nongovernmental entity; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB2518 Detail]
Download: Texas-2023-HB2518-Introduced.html
Bill Title: Relating to required lease terms for public property leased to a nongovernmental entity; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB2518 Detail]
Download: Texas-2023-HB2518-Introduced.html
88R3876 YDB-F | ||
By: Bell of Kaufman | H.B. No. 2518 |
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relating to public work contracts, including contracts on public | ||
property leased to a nongovernmental entity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 2253.001(3) and (4), Government Code, | ||
are amended to read as follows: | ||
(3) "Prime contractor" means a person, firm, or | ||
corporation that makes a public work contract with: | ||
(A) a governmental entity; or | ||
(B) a person who leases any public property. | ||
(4) "Public work contract" means a contract for | ||
constructing, altering, or repairing a public building or carrying | ||
out or completing any public work, including work performed on | ||
property owned by a governmental entity or on public property | ||
leased by the governmental entity to a nongovernmental entity. | ||
SECTION 2. Section 2253.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 2253.002. EXEMPTION. This chapter does not apply to a | ||
public work contract entered into by: | ||
(1) a state agency relating to an action taken under | ||
Subchapter F or I, Chapter 361, Health and Safety Code, or | ||
Subchapter I, Chapter 26, Water Code; or | ||
(2) a nongovernmental entity to lease public property | ||
from a river authority created under Section 59, Article XVI, Texas | ||
Constitution, that owns electric generation capacity in excess of | ||
1,000 megawatts. | ||
SECTION 3. Section 2253.021(a), Government Code, is amended | ||
to read as follows: | ||
(a) A governmental entity that enters into [ |
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work contract with a prime contractor or authorizes a | ||
nongovernmental entity leasing public property from the | ||
governmental entity to enter into a public works contract with a | ||
prime contractor shall require the contractor, at least 10 days | ||
before beginning the work, to execute to the governmental entity: | ||
(1) a performance bond if the contract is in excess of | ||
$100,000; and | ||
(2) a payment bond if: | ||
(A) the contract is in excess of $25,000, and the | ||
governmental entity is not a municipality or a joint board created | ||
under Subchapter D, Chapter 22, Transportation Code; or | ||
(B) the contract is in excess of $50,000, and the | ||
governmental entity is a municipality or a joint board created | ||
under Subchapter D, Chapter 22, Transportation Code. | ||
SECTION 4. Sections 2253.024(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) A prime contractor, on the written request of a person | ||
who provides public work labor or material and when required by | ||
Subsection (c), shall provide to the person: | ||
(1) the name and last known address of the | ||
governmental entity or nongovernmental leasehold tenant with whom | ||
the prime contractor contracted for the public work; | ||
(2) a copy of the payment and performance bonds for the | ||
public work, including bonds furnished by or to the prime | ||
contractor; and | ||
(3) the name of the surety issuing the payment bond and | ||
the performance bond and the toll-free telephone number maintained | ||
by the Texas Department of Insurance under Subchapter B, Chapter | ||
521, Insurance Code, for obtaining information concerning licensed | ||
insurance companies. | ||
(b) A subcontractor, on the written request of a | ||
governmental entity, a nongovernmental leasehold tenant with whom | ||
the prime contractor contracted, the prime contractor, a surety on | ||
a bond that covers the public work contract, or a person providing | ||
work under the subcontract and when required by Subsection (c), | ||
shall provide to the person requesting the information: | ||
(1) the name and last known address of each person from | ||
whom the subcontractor purchased public work labor or material, | ||
other than public work material from the subcontractor's inventory; | ||
(2) the name and last known address of each person to | ||
whom the subcontractor provided public work labor or material; | ||
(3) a statement of whether the subcontractor furnished | ||
a bond for the benefit of its subcontractors and materialmen; | ||
(4) the name and last known address of the surety on | ||
the bond the subcontractor furnished; and | ||
(5) a copy of that bond. | ||
SECTION 5. Section 2253.027, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (a), a governmental entity | ||
is not liable as a surety under Subsection (a)(1) if a prime | ||
contractor of a nongovernmental entity leasing property from the | ||
governmental entity fails to submit to the governmental entity the | ||
notice of commencement required by Section 2253.0405. | ||
SECTION 6. Subchapter C, Chapter 2253, Government Code, is | ||
amended by adding Section 2253.0405 to read as follows: | ||
Sec. 2253.0405. NOTICE OF COMMENCEMENT REQUIRED FOR CERTAIN | ||
PUBLIC WORKS CONTRACTS. A nongovernmental entity leasing public | ||
property from a governmental entity that enters into a public works | ||
contract with a prime contractor shall require the contractor at | ||
least 10 days before beginning the work to submit to the | ||
governmental entity a notice of commencement that: | ||
(1) identifies the contract; | ||
(2) identifies the specific leasehold at which the | ||
work will be performed; | ||
(3) describes the work to be performed; and | ||
(4) states the total cost of the work to be performed. | ||
SECTION 7. Section 2253.071(a), Government Code, is amended | ||
to read as follows: | ||
(a) The proceeds of a public work contract are not payable, | ||
until all costs of completion of the contract work are paid by the | ||
contractor or the contractor's surety, to a contractor who | ||
furnishes a bond required by this chapter if: | ||
(1) the contractor abandons performance of the | ||
contract; or | ||
(2) the contractor's right to proceed with performance | ||
of the contract is lawfully terminated by the awarding governmental | ||
entity or nongovernmental entity leasing public property from the | ||
governmental entity because of the contractor's default. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
a public work contract or construction project for which a | ||
governmental entity or a nongovernmental entity leasing public | ||
property from the governmental entity first advertises or otherwise | ||
requests bids, proposals, offers, or qualifications, or makes a | ||
similar solicitation, on or after the effective date of this Act. | ||
SECTION 9. This Act takes effect September 1, 2023. |