Texas Government Code - Section 2253.027. Liability Of Governmental Entity
Legal Research Home >
Texas Laws > Government Code > Texas Government Code - Section 2253.027. Liability Of Governmental Entity
Section: 2253.002 2253.021 2253.022 2253.023 2253.024 2253.025 2253.026 2253.027 2253.041 2253.042 2253.043 2253.044 2253.045 2253.046 2253.047
§ 2253.027. LIABILITY OF GOVERNMENTAL ENTITY. (a) If a
governmental entity fails to obtain from a prime contractor a
payment bond as required by Section 2253.021:
(1) the entity is subject to the same liability that a
surety would have if the surety had issued a payment bond and if the
entity had obtained the bond; and
(2) a payment bond beneficiary is entitled to a lien on
money due to the prime contractor in the same manner and to the same
extent as if the public work contract were subject to Subchapter J,
Chapter 53, Property Code.
(b) To recover in a suit under Subsection (a), the only
notice a payment bond beneficiary is required to provide to the
governmental entity is a notice provided in the same manner as
described by Subchapter C. The notice must be provided as if the
governmental entity were a surety.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 515, § 1, eff. Sept. 1,
Last modified: August 11, 2007