reglab/housing_qa huggingface dataset:
TX Govt Code § 2253.043 (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 2253.043. Notice of Claim for Unpaid Labor or Material When Written Agreement Does Not Exist

Sec. 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 the payment bond beneficiary and the subcontractor, the notice for a claim for unpaid bills must contain:(1)  the name of the party for whom the public work labor was performed or to whom the public work material was delivered;(2)  the approximate date of performance or delivery;(3)  a description of the public work labor or material for reasonable identification;  and(4)  the amount due.(b)  The payment bond beneficiary must generally itemize the claim and include with it copies of documents, invoices, or orders that reasonably identify:(1)  the public work labor performed or public work material delivered for which the claim is made;(2)  the job;  and(3)  the destination of delivery.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.044 (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 2253.044. Notice of Claim for Multiple Items of Labor or Material

Sec. 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 a manner that reasonably identifies the labor or material;(2)  state the name of the party for whom the labor was performed or to whom the material was delivered;(3)  state the approximate date of performance or delivery;(4)  state whether the contract is written or oral;(5)  state the amount of the contract;  and(6)  state the amount claimed.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.045 (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 2253.045. Notice of Claim for Unpaid Labor or Material Under Written Unit Price Agreement

Sec. 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 materialman to the prime contractor or to a subcontractor and who has a written unit price agreement that is wholly or partially completed is sufficient if the beneficiary attaches to the sworn statement of account:(1)  a list of units and unit prices set by the contract;  and(2)  a statement of those completed and partially completed units.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.046 (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 2253.046. Notice Required for Claim for Payment of Retainage

Sec. 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 contract with a prime contractor or subcontractor provides for retainage must mail written notice of the claim to the prime contractor and the surety on or before the 90th day after the date of final completion of the public work contract.(b)  The notice shall consist of a statement of:(1)  the amount of the contract;(2)  any amount paid;  and(3)  the outstanding balance.(c)  Notice of a claim for payment of retainage is not required if the amount claimed is part of a prior claim made under this subchapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.047 (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 2253.047. Additional Notice Required for Payment Bond Beneficiary Without Direct Contractual Relationship With Prime Contractor

Sec. 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 with the prime contractor for public work labor or material must mail notice as required by this section.(b)  A payment bond beneficiary who contracts with a subcontractor for retainage must mail, on or before the 15th day of the second month after the date of the beginning of the delivery of public work material or the performance of public work labor, written notice to the prime contractor that:(1)  the contract provides for retainage;  and(2)  generally indicates the nature of the retainage.(c)  The payment bond beneficiary must mail to the prime contractor written notice of a claim for any unpaid public work labor performed or public work material delivered.  The notice must be mailed on or before the 15th day of the second month after each month in which the labor was performed or the material was delivered.  A copy of the statement sent to a subcontractor is sufficient as notice under this subsection.(d)  The payment bond beneficiary must mail to the prime contractor, on or before the 15th day of the second month after the receipt and acceptance of an order for specially fabricated material, written notice that the order has been received and accepted.(e)  This section applies only to a payment bond beneficiary who is not an individual mechanic or laborer and who makes a claim for wages.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.048 (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 2253.048. Mailing Notice

Sec. 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 to be mailed to a prime contractor must be addressed to the prime contractor at the contractor's residence or last known business address.(c)  A person satisfies the requirements of this subchapter relating to providing notice to the surety if the person mails the notice by certified or registered mail to the surety:(1)  at the address stated on the bond or on an attachment to the bond;(2)  at the address on file with the Texas Department of Insurance;  or(3)  at any other address allowed by law.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 380, Sec. 4, eff. Sept. 1, 2001.|
TX Govt Code § 2253.071 (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 D. Claims on Bonds; Enforcement|Section 2253.071. Termination or Abandonment of Contract; Proceeds of Contract

Sec. 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 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 because of the contractor's default.(b)  The balance of the public work contract proceeds remaining after the costs of completion are paid shall be paid according to the contractor's and the surety's interests as may be established by agreement or by judgment of a court.(c)  A surety that completes a public work contract or incurs a loss under a performance bond required under this chapter has a claim to the proceeds of the contract prior to all other creditors of the prime contractor to the full extent of the surety's loss.  That priority does not excuse the surety from paying an obligation under a payment bond.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.072 (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 D. Claims on Bonds; Enforcement|Section 2253.072. State Not Liable for Costs

Sec. 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 this chapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.073 (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 D. Claims on Bonds; Enforcement|Section 2253.073. Suit on Payment Bond

Sec. 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 under this chapter may sue the principal or surety, jointly or severally, on the payment bond if the claim is not paid before the 61st day after the date the notice for the claim is mailed.(b)  Suit may be brought under Subsection (a) for:(1)  the unpaid balance of the beneficiary's claim at the time the claim was mailed or the suit is brought;  and(2)  reasonable attorney fees.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.074 (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 D. Claims on Bonds; Enforcement|Section 2253.074. Costs and Attorney Fees

Sec. 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 declare that any part of a claim is invalid.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.075 (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 D. Claims on Bonds; Enforcement|Section 2253.075. Assignment of Claim

Sec. 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 by this chapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.076 (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 D. Claims on Bonds; Enforcement|Section 2253.076. Limitations on Certain Claims; Maximum Retainage

Sec. 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 the total of the work covered by the subcontract.(b)  A claim for specially fabricated material that has not been delivered or incorporated into the public work is limited to material that conforms to and complies with the plans, specifications, and contract documents for the material.  The amount of the claim may not exceed the reasonable cost, less the fair salvage value, of the specially fabricated material.(c)  A claim for retainage in a notice under this subchapter is not valid for an amount greater than the amount of retainage specified in the public work contract between the payment bond beneficiary and the prime contractor or between the payment bond beneficiary and the subcontractor.  A claim for retainage is never valid for an amount greater than 10 percent of the amount of that contract.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.077 (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 D. Claims on Bonds; Enforcement|Section 2253.077. Venue

Sec. 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 by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.078 (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 D. Claims on Bonds; Enforcement|Section 2253.078. Statute of Limitations

Sec. 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 the public work contract.(b)  A suit on a payment bond may not be brought by a payment bond beneficiary after the first anniversary of the date notice for a claim is mailed under this chapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2253.079 (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 D. Claims on Bonds; Enforcement|Section 2253.079. Criminal Offense for False and Fraudulent Claim

Sec. 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 is subject to the penalty for false swearing.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2254.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.001. Short Title

Sec. 2254.001.  SHORT TITLE.  This subchapter may be cited as the Professional Services Procurement Act.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2254.002 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.002. Definitions

Sec. 2254.002.  DEFINITIONS.  In this subchapter:(1)  "Governmental entity" means:(A)  a state agency or department;(B)  a district, authority, county, municipality, or other political subdivision of the state;(C)  a local government corporation or another entity created by or acting on behalf of a political subdivision in the planning and design of a construction project;  or(D)  a publicly owned utility.(2)  "Professional services" means services:(A)  within the scope of the practice, as defined by state law, of:(i)  accounting;(ii)  architecture;(iii)  landscape architecture;(iv)  land surveying;(v)  medicine;(vi)  optometry;(vii)  professional engineering;(viii)  real estate appraising;(ix)  professional nursing; or(x)  forensic science;(B)  provided in connection with the professional employment or practice of a person who is licensed or registered as:(i)  a certified public accountant;(ii)  an architect;(iii)  a landscape architect;(iv)  a land surveyor;(v)  a physician, including a surgeon;(vi)  an optometrist;(vii)  a professional engineer;(viii)  a state certified or state licensed real estate appraiser;(ix)  a registered nurse; or(x)  a forensic analyst or forensic science expert; or(C)  provided by a person lawfully engaged in interior design, regardless of whether the person is registered as an interior designer under Chapter 1053, Occupations Code.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 244, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1542, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1409, Sec. 8, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 487 (H.B. 2868), Sec. 1, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.07, eff. September 1, 2021.|
TX Govt Code § 2254.003 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.003. Selection of Provider; Fees

Sec. 2254.003.  SELECTION OF PROVIDER;  FEES.  (a)  A governmental entity may not select a provider of professional services or a group or association of providers or award a contract for the services on the basis of competitive bids submitted for the contract or for the services, but shall make the selection and award:(1)  on the basis of demonstrated competence and qualifications to perform the services;  and(2)  for a fair and reasonable price.(b)  The professional fees under the contract  may not exceed any maximum provided by law.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 14, eff. September 1, 2007.|
TX Govt Code § 2254.0031 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.0031. Indemnification

Sec. 2254.0031.  INDEMNIFICATION. (a) A state governmental entity may require a contractor selected under this subchapter to indemnify or hold harmless the state from claims and liabilities resulting from the negligent acts or omissions of the contractor or persons employed by the contractor.  A state governmental entity may not require a contractor to indemnify, hold harmless, or defend the state for claims or liabilities resulting from the negligent acts or omissions of the state governmental entity or its employees.(b)  Notwithstanding any other provision of law, Sections 271.904(a)-(e) and (g), Local Government Code, apply to a contract for architectural or engineering services between an architect or engineer selected under this subchapter and a state agency as defined by Section 2052.101.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.37, eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 879 (H.B. 3021), Sec. 1, eff. September 1, 2017.|
TX Govt Code § 2254.004 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.004. Contract for Professional Services of Architect, Engineer, or Surveyor

Sec. 2254.004.  CONTRACT FOR PROFESSIONAL SERVICES OF ARCHITECT, ENGINEER, OR SURVEYOR.  (a)  In procuring architectural, engineering, or land surveying services, a governmental entity shall:(1)  first select the most highly qualified provider of those services on the basis of demonstrated competence and qualifications;  and(2)  then attempt to negotiate with that provider a contract at a fair and reasonable price.(b)  If a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural, engineering, or land surveying services, the entity shall:(1)  formally end negotiations with that provider;(2)  select the next most highly qualified provider;  and(3)  attempt to negotiate a contract with that provider at a fair and reasonable price.(c)  The entity shall continue the process described in Subsection (b) to select and negotiate with providers until a contract is entered into.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 119, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2254.005 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.005. Void Contract

Sec. 2254.005.  VOID CONTRACT.  A contract entered into or an arrangement made in violation of this subchapter is void as against public policy.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2254.006 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.006. Contract Notification

Sec. 2254.006.  CONTRACT NOTIFICATION.  A state agency, including an institution of higher education as defined by Section 61.003, Education Code, shall provide written notice to the Legislative Budget Board of a contract for professional services, other than a contract for physician or optometric services, if the amount of the contract, including an amendment, modification, renewal, or extension of the contract, exceeds $50,000.  The notice must be on a form prescribed by the Legislative Budget Board and filed not later than the 30th day after the date the agency enters into the contract.|Added by Acts 1999, 76th Leg., ch. 281, Sec. 13, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 13, eff. September 1, 2021.|
TX Govt Code § 2254.007 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter A. Professional Services|Section 2254.007. Declaratory or Injunctive Relief

Sec. 2254.007.  DECLARATORY OR INJUNCTIVE RELIEF.  (a)  This subchapter may be enforced through an action for declaratory or injunctive relief filed not later than the 10th day after the date a contract is awarded.(b)  This section does not apply to the enforcement of a contract entered into by a state agency as that term is defined by Section 2151.002.  In this subsection, "state agency" includes the Texas Facilities Commission and the comptroller.|Added by Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 13, eff. September 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 118, eff. September 1, 2019.|