reglab/housing_qa huggingface dataset:
TX Govt Code § 2252.903 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2252 - Contracts With Governmental Entity|Subchapter Z. Miscellaneous Provisions|Section 2252.903. Contracting With Persons Who Have Certain Debts or Delinquencies

Sec. 2252.903.  CONTRACTING WITH PERSONS WHO HAVE CERTAIN DEBTS OR DELINQUENCIES.  (a)  Each state agency shall determine whether a payment law prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to a person before the agency enters into a written contract with that person.  The agency shall make this determination not earlier than the seventh day before and not later than the date of entering into the contract.  The determination must be made in accordance with the comptroller's requirements.(b)  This subsection applies if the agency determines that a payment law prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to the person.  The agency may not enter into a written contract with the person unless:(1)  the contract requires the agency's payments under the contract to be applied directly toward eliminating the person's debt or delinquency;  and(2)  the requirement described in Subdivision (1) specifically applies to any debt or delinquency, regardless of when it arises.(c)  The comptroller may determine the order in which a person's multiple types of debts or delinquencies are reduced or eliminated under this section.(d)  The comptroller may adopt rules and establish procedures to administer this section.(e)  In this section:(1)  "Debt or delinquency" means a debt, tax delinquency, student loan delinquency, or child support delinquency that results in a payment law prohibiting the comptroller from issuing a warrant or initiating an electronic funds transfer.(2)  "Payment law" means:(A)  Section 57.48, Education Code;(B)  Section 231.007, Family Code;(C)  Section 403.055;  or(D)  any similar law that prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to a person.(3)  "State agency" has the meaning assigned by Section 403.055.(4)  "Written contract" does not include a contract the payments for which must be made through the comptroller's issuance of warrants or initiation of electronic funds transfers under Section 404.046, 404.069, or 2103.003.|Added by Acts 2001, 77th Leg., ch. 1158, Sec. 71, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 62, eff. Sept. 1, 2003.|
TX Govt Code § 2252.904 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2252 - Contracts With Governmental Entity|Subchapter Z. Miscellaneous Provisions|Section 2252.904. Attorney's Fees

Sec. 2252.904.  ATTORNEY'S FEES.  (a)  In this section:(1)  "Governmental contract" means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.(2)  "Governmental entity" means:(A)  the state;(B)  a municipality, county, public school district, or special-purpose district or authority;(C)  a district, county, or justice of the peace court;(D)  a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education as defined by Section 61.003, Education Code;(E)  the legislature or a legislative agency; or(F)  the Supreme Court of Texas, the Texas Court of Criminal Appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction.(b)  A governmental contract may not provide for the award of attorney's fees to the governmental entity in a dispute in which the entity prevails unless the contract provides for the award of attorney's fees to each other party to the contract if that party prevails in the dispute.(c)  A contract provision that violates this section is void and unenforceable.|Added by Acts 2007, 80th Leg., R.S., Ch. 466 (H.B. 1268), Sec. 1, eff. September 1, 2007.|
TX Govt Code § 2252.905 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2252 - Contracts With Governmental Entity|Subchapter Z. Miscellaneous Provisions|Section 2252.905. Certain Rules or Policies of State Agencies

Sec. 2252.905.  CERTAIN RULES OR POLICIES OF STATE AGENCIES.  (a)  In this section:(1)  "Contract" means a contract awarded by a state agency for general construction, an improvement, a service, or a public works project, including a contract subject to Section 201.112, Transportation Code.(2)  "Private design professional" means an individual registered as an architect under Chapter 1051, Occupations Code, or an individual licensed as an engineer under Chapter 1001, Occupations Code, who provides professional architectural or engineering services.(3)  "State agency" means a board, commission, office, department, or other agency in the judicial or executive branch of state government.(b)  A rule or policy adopted by a state agency relating to the recovery of costs arising from an engineering or architectural error or omission by a private design professional on a project must:(1)  provide that the private design professional be notified at the time a problem with project plans or specifications is identified by the agency;(2)  provide an opportunity for the private design professional to be involved in the resolution of a problem identified under Subdivision (1);(3)  provide guidelines for distinguishing an error or omission from other reasons for the submission of a change order;(4)  provide a process for determining the cost of errors or omissions by private design professionals;(5)  provide for an evaluation of the totality of project services provided by private design professionals, including the level of quality, performance, and value provided over the term of the entire project;(6)  provide that an internal management review of the agency's claim for costs may be used, if available, without requiring that the claim be paid before the internal management review may be used;(7)  provide a process for tracking the cost of errors or omissions by agency employees; and(8)  recognize that some errors, omissions, or changes are likely to occur during a design and construction project.|Added by Acts 2007, 80th Leg., R.S., Ch. 979 (S.B. 924), Sec. 1, eff. September 1, 2007.Renumbered from Government Code, Section 2252.904 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(47), eff. September 1, 2009.|
TX Govt Code § 2252.907 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2252 - Contracts With Governmental Entity|Subchapter Z. Miscellaneous Provisions|Section 2252.907. Contracts Involving Exchange or Creation of Public Information

Sec. 2252.907.  CONTRACTS INVOLVING EXCHANGE OR CREATION OF PUBLIC INFORMATION.  (a)  A contract between a state governmental entity and a nongovernmental vendor involving the exchange or creation of public information as defined by Section 552.002 that the state governmental entity collects, assembles, or maintains or has a right of access to must:(1)  be drafted in consideration of the requirements of Chapter 552; and(2)  contain a provision that requires the vendor to make the information not otherwise excepted from disclosure under Chapter 552 available in a specific format that is:(A)  agreed upon in the contract; and(B)  accessible by the public.(b)  This section may not be waived by contract or otherwise.(c)  A request for public information regarding a contract described by this section must be submitted to the officer or employee responsible for responding to open records requests for the state governmental entity that executed the contract.(d)  In this section, "state governmental entity" means a state agency, board, commission, office, department, or other agency in the executive or legislative branch of state government.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1204 (S.B. 1368), Sec. 3, eff. September 1, 2013.|
TX Govt Code § 2253.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter A. General Provisions|Section 2253.001. Definitions

Sec. 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 state, a county, or a municipality;(B)  a department, board, or agency of the state, a county, or a municipality;  and(C)  a school district or a subdivision of a school district.(2)  "Payment bond beneficiary" means a person for whose protection and use this chapter requires a payment bond.(3)  "Prime contractor" means a person, firm, or corporation that makes a public work contract with a governmental entity.(4)  "Public work contract" means a contract for constructing, altering, or repairing a public building or carrying out or completing any public work.(5)  "Public work labor" means labor used directly to carry out a public work.(6)  "Public work material" means:(A)  material used, or ordered and delivered for use, directly to carry out a public work;(B)  specially fabricated material;(C)  reasonable rental and actual running repair costs for construction equipment used, or reasonably required and delivered for use, directly to carry out work at the project site;  or(D)  power, water, fuel, and lubricants used, or ordered and delivered for use, directly to carry out a public work.(7)  "Retainage" means the part of the payments under a public work contract that are not required to be paid within the month after the month in which the public work labor is performed or public work material is delivered under the contract.(8)  "Specially fabricated material" means material ordered by a prime contractor or subcontractor that is:(A)  specially fabricated for use in a public work;  and(B)  reasonably unsuitable for another use.(9)  "Subcontractor" means a person, firm, or corporation that provides public work labor or material to fulfill an obligation to a prime contractor or to a subcontractor for the performance and installation of any of the work required by a public work contract.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.20, eff. Sept. 1, 1999.|
TX Govt Code § 2253.002 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter A. General Provisions|Section 2253.002. Exemption

Sec. 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 I, Chapter 361, Health and Safety Code, or Subchapter I, Chapter 26, Water Code.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 18, eff. Sept. 1, 1997.|
TX Govt Code § 2253.022 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter B. General Requirements; Liability|Section 2253.022. Performance and Payment Bonds; Insured Loss

Sec. 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 of a loss, rather than by making a cash payment directly to the governmental entity, furnishes or has furnished by a contractor, in accordance with this chapter:(1)  a performance bond as described by Section 2253.021(b) for the benefit of the governmental entity;  and(2)  a payment bond as described in Section 2253.021(c) for the benefit of the beneficiaries described by that subsection.(b)  The bonds required to be furnished under Subsection (a) must be furnished before the contractor begins work.(c)  It is an implied obligation under a contract of insurance for the insurance company to furnish the bonds required by this section.(d)  To recover in a suit with respect to which the insurance company has furnished or caused to be furnished a payment bond, the only notice required of a payment bond beneficiary is the notice given to the surety in accordance with Subchapter C.(e)  This section does not apply to a governmental entity when a surety company is complying with an obligation under a bond that had been issued for the benefit of the governmental entity.(f)  If the payment bond required by Subsection (a) is not furnished, the governmental entity is subject to the same liability that a surety would have if the surety had issued the payment bond and the governmental entity had required the bond to be provided.  To recover in a suit under this subsection, the only notice required of a payment bond beneficiary is a notice given to the governmental entity, as if the governmental entity were the surety, in accordance with Subchapter C.|Added by Acts 1997, 75th Leg., ch. 1132, Sec. 3, eff. Sept. 1, 1997.|
TX Govt Code § 2253.023 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter B. General Requirements; Liability|Section 2253.023. Attempted Compliance

Sec. 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 the rights created, limitations on those rights, and remedies provided.(b)  A provision in a bond furnished by a prime contractor in an attempt to comply with this chapter that expands or restricts a right or liability under this chapter shall be disregarded, and this chapter shall apply to that bond.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.024 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter B. General Requirements; Liability|Section 2253.024. Information From Contractor or Subcontractor

Sec. 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 provide to the person:(1)  the name and last known address of the governmental entity 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, 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.(c)  Information requested shall be provided within a reasonable time but not later than the 10th day after the receipt of the written request for the information.(d)  A person from whom information is requested may require payment of the actual cost, not to exceed $25, for providing the requested information if the person does not have a direct contractual relationship with the person requesting information that relates to the public work.(e)  A person who fails to provide information required by this section is liable to the requesting person for that person's reasonable and necessary costs incurred in getting the requested information.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 380, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.123, eff. September 1, 2005.|
TX Govt Code § 2253.025 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter B. General Requirements; Liability|Section 2253.025. Information From Payment Bond Beneficiary

Sec. 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 a surety on a bond on which a claim is made, shall provide to the contractor or surety:(1)  a copy of any applicable written agreement or purchase order;  and(2)  any statement or payment request of the beneficiary that shows the amount claimed and the work performed by the beneficiary for which the claim is made.(b)  If requested, the payment bond beneficiary shall provide the estimated amount due for each calendar month in which the beneficiary performed public work labor or provided public work material.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.026 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter B. General Requirements; Liability|Section 2253.026. Copy of Payment Bond and Contract

Sec. 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 that the person:(1)  has supplied public work labor or material for which the person has not been paid;(2)  has contracted for specially fabricated material for which the person has not been paid;  or(3)  is being sued on a payment bond.(b)  The copy of the payment bond or public work contract is prima facie evidence of the content, execution, and delivery of the original.(c)  An applicant under this section shall pay any reasonable fee set by the governmental entity for the actual cost of preparation of the copies.(d)  A governmental entity shall furnish the following information to a person who makes a request under Subsection (a):(1)  a certified copy of a payment bond and any attachment to the bond;(2)  the public work contract for which the bond was given; and(3)  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.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 380, Sec. 3, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.124, eff. September 1, 2005.|
TX Govt Code § 2253.027 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter B. General Requirements; Liability|Section 2253.027. Liability of Governmental Entity

Sec. 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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 515, Sec. 1, eff. Sept. 1, 2003.|
TX Govt Code § 2253.041 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter C. Notice Requirements|Section 2253.041. Notice Required for Claim for Payment for Labor or Material

Sec. 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 work material delivered, a payment bond beneficiary must mail to the prime contractor and the surety written notice of the claim.(b)  The notice must be mailed on or before the 15th day of the third month after each month in which any of the claimed labor was performed or any of the claimed material was delivered.(c)  The notice must be accompanied by a sworn statement of account that states in substance:(1)  the amount claimed is just and correct;  and(2)  all just and lawful offsets, payments, and credits known to the affiant have been allowed.(d)  The statement of account shall include the amount of any retainage applicable to the account that has not become due under the terms of the public work contract between the payment bond beneficiary and the prime contractor or between the payment bond beneficiary and a subcontractor.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.042 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2253 - Public Work Performance and Payment Bonds|Subchapter C. Notice Requirements|Section 2253.042. Copy of Agreement as Notice of Claim for Unpaid Labor or Material

Sec. 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 for payment for public work labor performed or public work material delivered, a copy of the written agreement and a statement of the completion or the value of partial completion of the agreement.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|