Texas Government Code Title 10, Chapter 2253 - Public Work Performance And Payment Bonds

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2253.001 - Definitions
  In this chapter: (1) "Governmental entity" means a governmental or quasi-governmental authority authorized by state law to make a public work contract, including: (A) the...

SUBCHAPTER B GENERAL REQUIREMENTS; LIABILITY

• Texas Section 2253.002 - Exemption
  This chapter does not apply to a public work contract entered into by a state agency relating to an action taken under Subchapter F or...
• Texas Section 2253.021 - Performance And Payment Bonds Required
  (a) A governmental entity that makes a public work contract with a prime contractor shall require the contractor, before beginning the work, to execute to...
• Texas Section 2253.022 - Performance And Payment Bonds; Insured Loss
  (a) A governmental entity shall ensure that an insurance company that is fulfilling its obligation under a contract of insurance by arranging for the replacement...
• Texas Section 2253.023 - Attempted Compliance
  (a) A bond furnished by a prime contractor in an attempt to comply with this chapter shall be construed to comply with this chapter regarding...
• Texas Section 2253.024 - Information From Contractor Or Subcontractor
  (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...
• Texas Section 2253.025 - Information From Payment Bond Beneficiary
  (a) A payment bond beneficiary, not later than the 30th day after the date the beneficiary receives a written request from the prime contractor or...
• Texas Section 2253.026 - Copy Of Payment Bond And Contract
  (a) A governmental entity shall furnish the information required by Subsection (d) to any person who applies for the information and who submits an affidavit...

SUBCHAPTER C NOTICE REQUIREMENTS

• Texas Section 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...
• Texas Section 2253.041 - Notice Required For Claim For Payment For Labor Or Material
  (a) To recover in a suit under Section 2253.073 on a payment bond for a claim for payment for public work labor performed or public...
• Texas Section 2253.042 - Copy Of Agreement As Notice Of Claim For Unpaid Labor Or Material
  A payment bond beneficiary has the option to enclose with the sworn statement of account, as the notice for a claim under a written agreement...
• Texas Section 2253.043 - Notice Of Claim For Unpaid Labor Or Material When Written Agreement Does Not Exist
  (a) Except as provided by Section 2253.044, if a written agreement does not exist between the payment bond beneficiary and the prime contractor or between...
• Texas Section 2253.044 - Notice Of Claim For Multiple Items Of Labor Or Material
  The notice for a claim for lump-sum payment for multiple items of public work labor or material must: (1) describe the labor or material in...
• Texas Section 2253.045 - Notice Of Claim For Unpaid Labor Or Material Under Written Unit Price Agreement
  The notice for a claim for public work labor performed or public work material delivered by a payment bond beneficiary who is a subcontractor or...
• Texas Section 2253.046 - Notice Required For Claim For Payment Of Retainage
  (a) To recover in a suit under Section 2253.073 on a payment bond for a claim for payment of retainage, a payment bond beneficiary whose...
• Texas Section 2253.047 - Additional Notice Required For Payment Bond Beneficiary Without Direct Contractual Relationship With Prime Contractor
  (a) To recover in a suit under Section 2253.073 on a payment bond, a payment bond beneficiary who does not have a direct contractual relationship...

SUBCHAPTER D CLAIMS ON BONDS; ENFORCEMENT

• Texas Section 2253.048 - Mailing Notice
  (a) A notice required by this subchapter to be mailed must be sent by certified or registered mail. (b) A notice required by this subchapter...
• Texas Section 2253.071 - Termination Or Abandonment Of Contract; Proceeds Of Contract
  (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...
• Texas Section 2253.072 - State Not Liable For Costs
  The state is not liable for payment of a cost or expense of a suit brought by any party on a payment bond furnished under...
• Texas Section 2253.073 - Suit On Payment Bond
  (a) A payment bond beneficiary who has provided public work labor or material under a public work contract for which a payment bond is furnished...
• Texas Section 2253.074 - Costs And Attorney Fees
  A court may award costs and reasonable attorney fees that are equitable in a proceeding to enforce a claim on a payment bond or to...
• Texas Section 2253.075 - Assignment Of Claim
  A third party to whom a claim is assigned is in the same position as a payment bond beneficiary if notice is given as required...
• Texas Section 2253.076 - Limitations On Certain Claims; Maximum Retainage
  (a) The amount of a subcontractor's claim, including previous payments, may not exceed the proportion of the subcontract price that the work done bears to...
• Texas Section 2253.077 - Venue
  A suit under this chapter shall be brought in a court in a county in which any part of the public work is located. Added...
• Texas Section 2253.078 - Statute Of Limitations
  (a) A suit on a performance bond may not be brought after the first anniversary of the date of final completion, abandonment, or termination of...
• Texas Section 2253.079 - Criminal Offense For False And Fraudulent Claim
  (a) A person commits an offense if the person wilfully files a false and fraudulent claim under this chapter. (b) An offense under this section...

Last modified: September 28, 2016