reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.040. Rates and Billing Procedures; Account for Capital Replacement Costs

Sec. 2205.040.  RATES AND BILLING PROCEDURES; ACCOUNT FOR CAPITAL REPLACEMENT COSTS.  (a)  Subject to Subsection (b), the department shall adopt rates for interagency aircraft services that are sufficient to recover, in the aggregate and to the extent possible, all direct costs for the services provided, including a state agency's pro rata share of major maintenance, overhauls of equipment and facilities, and pilots' salaries.
(b)  If the department's most recent long-term plan contains an analysis under Section 2205.032(c)(7) that finds that including capital recovery costs in the rates the department charges under this section is a practicable fleet replacement strategy, the department may adopt rates for interagency aircraft services provided by the department that are sufficient to recover, in the aggregate and to the extent possible:
(1)  all direct costs for services provided, as provided by Subsection (a); and
(2)  the capital costs of replacing aircraft in the pool.
(c)  The Legislative Budget Board, in cooperation with the department and the state auditor, shall prescribe a billing procedure for passenger travel on state-operated aircraft.
(d)  If the department adopts rates under Subsection (b), the portion of the rates collected for the capital costs of replacing aircraft in the pool shall be deposited in a separate account in the state highway fund.  Money in the account may be used only for the acquisition of aircraft for the pool operated by the department under Section 2205.032.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 280, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 66, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.041. Aircraft Use Form

Sec. 2205.041.  AIRCRAFT USE FORM.  (a)  The department shall prescribe:
(1)  an annual aircraft use form for gathering information about the use of state-operated aircraft, including the extent to which and the methods by which the goal provided by Section 2205.031(b) is being met; and
(2)  procedures for each state agency that operates an aircraft for sending the form to the department.
(b)  The aircraft use form must request the following information about each aircraft a state agency operates:
(1)  a description of the aircraft;
(2)  the date purchased or leased and the purchase price or lease cost;
(3)  the number of annual hours flown;
(4)  the annual operating costs;
(5)  the number of flights and the destinations;
(6)  the travel logs prepared under Section 2205.039; and
(7)  any other information the department requires to document the proper or cost-efficient use of the aircraft.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 280, Sec. 16, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 281, Sec. 12, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 20, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 67, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.042. Pilots

Sec. 2205.042.  PILOTS.  An individual who is not a pilot employed by the department may not operate a state-operated aircraft unless the department grants the individual a specific exemption from that requirement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 68, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.043. Aircraft Marking

Sec. 2205.043.  AIRCRAFT MARKING.  (a)  Each aircraft owned or leased by the state, other than an aircraft used for law enforcement purposes, shall be marked:
(1)  with the state seal on each side of the aircraft's vertical stabilizer;  and
(2)  with the words "The State of Texas" on each side of the aircraft's fuselage.
(b)  The department shall adopt rules, consistent with federal regulations and Section 3101.001, governing the color, size, and location of marks of identification required by this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.39(a), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 7.0052, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 69, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.044. Fuel and Maintenance Contracts

Sec. 2205.044.  FUEL AND MAINTENANCE CONTRACTS.  The department may contract with a state or federal governmental agency or a political subdivision to provide aircraft fuel or to provide aircraft maintenance services.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 70, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.045. Insurance

Sec. 2205.045.  INSURANCE.  (a)  The department may purchase insurance to protect the department from loss caused by damage, loss, theft, or destruction of aircraft owned or leased by the state and shall purchase liability insurance to protect the officers and employees of each state agency from loss arising from the operation of state-owned aircraft.
(b)  The insurance must be on a form approved by the State Board of Insurance.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 280, Sec. 17, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 71, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.046. Aircraft for Flight Training Programs

Sec. 2205.046.  AIRCRAFT FOR FLIGHT TRAINING PROGRAMS.  (a)  The department may transfer aircraft to a public technical institute or other public postsecondary educational institution for use in the institution's flight training program.  Except as provided by this section, the department has no responsibility for continued maintenance of aircraft transferred under this section.
(b)  As a condition to the transfer of the aircraft, the institution must certify in writing to the department that the institution will accept full responsibility for maintenance of the aircraft and that it will be properly maintained while in the custody and control of the institution.  The department is entitled to inspect the aircraft without notice for the purpose of ensuring that the aircraft is properly maintained.
(c)  The department may immediately reassume custody and control of a transferred aircraft on a finding by the department that:
(1)  the aircraft is not being properly maintained;
(2)  the aircraft is being used for a purpose other than flight training; or
(3)  the institution has discontinued its flight training program.
Added by Acts 1997, 75th Leg., ch. 280, Sec. 1, eff. May 26, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 72, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2205 - Aircraft Pooling › Subchapter B. State Aircraft › Section 2205.047. Information Posted on the Internet

Sec. 2205.047.  INFORMATION POSTED ON THE INTERNET.  The department shall post information related to travel and other services provided by the department on an Internet website maintained by or for the department.  The site must be generally accessible to state agencies, persons who use the department's services, and, to the extent appropriate, the general public.
Added by Acts 2001, 77th Leg., ch. 1232, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 73, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter A. Limitations on Purpose and Use of Property Acquired Through Eminent Domain › Section 2206.002. Limitations on Easements

Sec. 2206.002.  LIMITATIONS ON EASEMENTS.  (a)  This section applies only to an easement acquired by an entity for the purpose of a pipeline to be used for oil or gas exploration or production activities.
(b)  A property owner whose property is acquired through the use of eminent domain under Chapter 21, Property Code, for the purpose of creating an easement through that owner's property may construct streets or roads, including gravel, asphalt, or concrete streets or roads, at any locations above the easement that the property owner chooses.
(c)  The portion of a street or road constructed under this section that is within the area covered by the easement:
(1)  must cross the easement at or near 90 degrees; and
(2)  may not:
(A)  exceed 40 feet in width;
(B)  cause a violation of any applicable pipeline regulation; or
(C)  interfere with the operation and maintenance of any pipeline.
(d)  At least 30 days before the date on which construction of an asphalt or concrete street or road that will be located wholly or partly in an area covered by an easement used for a pipeline is scheduled to begin, the property owner must submit plans for the proposed construction to the owner of the easement.
(e)  Notwithstanding the provisions of this section, a property owner and the owner of the easement may agree to terms other than those stated in Subsection (c).
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter B. Procedures Required to Initiate › Section 2206.051. Short Title

Sec. 2206.051.  SHORT TITLE.  This subchapter may be cited as the Truth in Condemnation Procedures Act.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter B. Procedures Required to Initiate › Section 2206.052. Applicability

Sec. 2206.052.  APPLICABILITY.  The procedures in this subchapter apply only to the use of eminent domain under the laws of this state by a governmental entity.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter C. Expiration of Certain Eminent Domain Authority › Section 2206.101. Report of Eminent Domain Authority; Expiration of Authority

Sec. 2206.101.  REPORT OF EMINENT DOMAIN AUTHORITY; EXPIRATION OF AUTHORITY.  (a)  This section does not apply to an entity that was created or that acquired the power of eminent domain on or after December 31, 2012.
(b)  Not later than December 31, 2012, an entity, including a private entity, authorized by the state by a general or special law to exercise the power of eminent domain shall submit to the comptroller a letter stating that the entity is authorized by the state to exercise the power of eminent domain and identifying each provision of law that grants the entity that authority.  The entity must send the letter by certified mail, return receipt requested.
(c)  The authority of an entity to exercise the power of eminent domain expires on September 1, 2013, unless the entity submits a letter in accordance with Subsection (b).
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(e)  The Texas Legislative Council shall prepare for consideration by the 84th Legislature, Regular Session, a nonsubstantive revision of the statutes of this state as necessary to reflect the state of the law after the expiration of an entity's eminent domain authority effective under Subsection (c).
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 2, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.151. Applicability

Sec. 2206.151.  APPLICABILITY.  This subchapter applies to public and private entities, including common carriers, authorized by the state by a general or special law to exercise the power of eminent domain.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.152. Creation Date

Sec. 2206.152.  CREATION DATE.  For the purposes of this subchapter, an entity described by Section 2206.151 is considered to have been created on:
(1)  the earliest date on which the entity existed if the entity was authorized to exercise the power of eminent domain on that date; or
(2)  the earliest date on which the entity was authorized to exercise the power of eminent domain if the entity did not have that authority on the earliest date on which the entity existed.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.153. Eminent Domain Database

Sec. 2206.153.  EMINENT DOMAIN DATABASE.  (a)  The comptroller shall create and make accessible on an Internet website maintained by the comptroller an eminent domain database as provided by this section.
(b)  The eminent domain database must include with respect to each entity described by Section 2206.151:
(1)  the name of the entity;
(2)  the entity's address and public contact information;
(3)  the name of the appropriate officer or other person representing the entity and that person's contact information;
(4)  the type of entity;
(5)  each provision of law that grants the entity eminent domain authority;
(6)  the focus or scope of the eminent domain authority granted to the entity;
(7)  the earliest date on which the entity had the authority to exercise the power of eminent domain;
(8)  the entity's taxpayer identification number, if any;
(9)  whether the entity exercised the entity's eminent domain authority in the preceding calendar year by the filing of a condemnation petition under Section 21.012, Property Code; and
(10)  the entity's Internet website address or, if the entity does not operate an Internet website, contact information to enable a member of the public to obtain information from the entity.
(c)  The comptroller may consult with the appropriate officer of, or other person representing, each entity to obtain the information necessary to maintain the eminent domain database.
(d)  To the extent information required in the eminent domain database is otherwise collected or maintained by a state agency or political subdivision, the comptroller may request and the state agency or political subdivision shall provide that information and any update to the information as necessary for inclusion in the eminent domain database.
(e)  At least annually, the comptroller shall update information in the eminent domain database for each entity, as appropriate.
(f)  To the extent possible, the comptroller shall present information in the eminent domain database in a manner that is searchable and intuitive to users.  The comptroller may enhance and organize the presentation of the information through the use of graphical representations as the comptroller considers appropriate.
(g)  The comptroller may not charge a fee to the public to access the eminent domain database.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.154. Reporting of Information to Comptroller

Sec. 2206.154.  REPORTING OF INFORMATION TO COMPTROLLER.  (a)  Except as provided by Subsections (b) and (b-1), not later than February 1 of each year, an entity described by Section 2206.151 shall submit to the comptroller a report containing records and other information specified by this subchapter for the purpose of providing the comptroller with information to maintain the eminent domain database under Section 2206.153.  The entity shall submit the report in a form and in the manner prescribed by the comptroller.
(b)  An entity described by Section 2206.151 created on or after September 1, 2015, is not required to submit the entity's initial report under Subsection (a) before the 180th day after the date of the entity's creation.
(b-1)  A political subdivision described by Subsection (b-2) is required to file an annual report under Subsection (a) only if the political subdivision's eminent domain authority information has changed from the information reported in the most recent report filed by the political subdivision under this section.  If for the current annual reporting period the political subdivision's eminent domain authority information is the same as the information reflected for the political subdivision in the eminent domain database for the previous annual reporting period, the political subdivision, not later than February 1 of the current annual reporting period, shall confirm the accuracy of the information by electronically updating the political subdivision's previously filed report with the comptroller in the manner prescribed by the comptroller.
(b-2)  Subsection (b-1) applies to the following political subdivisions:
(1)  a public school district located in a county with a population of less than 25,000;
(2)  a municipality or county with a population of less than 25,000; or
(3)  a district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, with a population of less than 25,000.
(c)  In addition to the annual report required under Subsection (a), an entity described by Section 2206.151 shall report to the comptroller any changes to the entity's eminent domain authority information reported under this section not later than the 90th day after the date on which the change occurred.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 937 (S.B. 157), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.155. Penalties for Noncompliance

Sec. 2206.155.  PENALTIES FOR NONCOMPLIANCE.  (a)  If an entity does not timely submit a report that complies with Section 2206.154, the comptroller shall provide written notice to the entity:
(1)  informing the entity of the entity's violation of that section; and
(2)  notifying the entity that the entity will be subject to a penalty of $1,000 if the entity does not report the required information on or before the 30th day after the date the notice is provided.
(b)  Not later than the 30th day after the date the comptroller provides notice to an entity under Subsection (a), the entity must report the required information.
(c)  If an entity does not report the required information as prescribed by Subsection (b):
(1)  the entity is liable to the state for a civil penalty of $1,000; and
(2)  the comptroller shall provide written notice to the entity:
(A)  informing the entity of the entity's liability for the penalty; and
(B)  notifying the entity that if the entity does not report the required information on or before the 30th day after the date the notice is provided:
(i)  the entity will be subject to an additional penalty of $1,000; and
(ii)  the entity's noncompliance will be reflected in the eminent domain database maintained by the comptroller.
(d)  Not later than the 30th day after the date the comptroller provides notice to an entity under Subsection (c), the entity must report the required information.
(e)  If an entity does not report the required information as prescribed by Subsection (d):
(1)  the entity is liable to the state for a civil penalty of $1,000; and
(2)  the comptroller shall:
(A)  reflect the entity's noncompliance in the database required by this subchapter by including the entity on a separately maintained list of noncomplying entities and in any other manner determined appropriate by the comptroller until the entity reports all information required under Section 2206.154; and
(B)  provide written notice to the entity that the entity's noncompliance will be reflected in the database until the entity reports the required information.
(f)  The attorney general may sue to collect a civil penalty imposed by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.156. Eminent Domain Authority Not Affected

Sec. 2206.156.  EMINENT DOMAIN AUTHORITY NOT AFFECTED.  The reporting, failure to report, or late submission of a report by a public or private entity, including a common carrier, under this subchapter does not affect the entity's authority to exercise the power of eminent domain.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle E - Government Property › Chapter 2206 - Eminent Domain › Subchapter D. Eminent Domain Authority Reporting; Public Availability › Section 2206.157. Rules

Sec. 2206.157.  RULES.  The comptroller may adopt rules and establish policies and procedures to implement this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1218 (S.B. 1812), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter A. General Provisions › Section 2251.002. Exceptions

Sec. 2251.002.  EXCEPTIONS.  (a)  Except as provided by Subchapter D, Subchapter B does not apply to a payment made by a governmental entity, vendor, or subcontractor if:
(1)  there is a bona fide dispute between the political subdivision and a vendor, contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late;
(2)  there is a bona fide dispute between a vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late;
(3)  the terms of a federal contract, grant, regulation, or statute prevent the governmental entity from making a timely payment with federal funds;  or
(4)  the invoice is not mailed to the person to whom it is addressed in strict accordance with any instruction on the purchase order relating to the payment.
(b)  This chapter does not affect Chapter 2253.
(c)  Repealed by Acts 2001, 77th Leg., ch. 1158, Sec. 94(4), eff. June 15, 2001.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.41(a), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1158, Sec. 61, eff. June 15, 2001;  Acts 2001, 77th Leg., ch. 1158, Sec. 94(4), eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 286, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter A. General Provisions › Section 2251.003. Rules

Sec. 2251.003.  RULES.  The comptroller shall establish procedures and adopt rules to administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 62, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.73, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter A. General Provisions › Section 2251.004. Waiver

Sec. 2251.004.  WAIVER.  A person may not waive any right or remedy granted by this chapter.  A purported waiver of any right or remedy granted by this chapter is void.
Added by Acts 2003, 78th Leg., ch. 286, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.021. Time for Payment by Governmental Entity

Sec. 2251.021.  TIME FOR PAYMENT BY GOVERNMENTAL ENTITY.  (a)  Except as otherwise provided by this section, a payment by a governmental entity under a contract executed on or after September 1, 1987, is overdue on the 31st day after the later of:
(1)  the date the governmental entity receives the goods under the contract;
(2)  the date the performance of the service under the contract is completed; or
(3)  the date the governmental entity receives an invoice for the goods or service.
(b)  A payment under a contract executed on or after September 1, 1993, owed by a political subdivision whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event described by Subsections (a)(1) through (3).
(b-1)  A payment under a contract for legal services described by Section 402.0212 owed by a state agency is overdue on the 46th day after the date the agency receives an invoice for the legal services.
(c)  For a contract executed on or after July 1, 1986, and before September 1, 1987, a payment by a governmental entity under that contract is overdue on the 46th day after the later event described by Subsections (a)(1) through (3).
(d)  For purposes of this section, the renewal, amendment, or extension of a contract executed on or before September 1, 1993, is considered to be the execution of a new contract.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.42(a), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1158, Sec. 63, eff. June 15, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 399 (S.B. 1370), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.022. Time for Payment by Vendor

Sec. 2251.022.  TIME FOR PAYMENT BY VENDOR.  (a)  A vendor who receives a payment from a governmental entity shall pay a subcontractor the appropriate share of the payment not later than the 10th day after the date the vendor receives the payment.
(b)  The appropriate share is overdue on the 11th day after the date the vendor receives the payment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.023. Time for Payment by Subcontractor

Sec. 2251.023.  TIME FOR PAYMENT BY SUBCONTRACTOR.  (a)  A subcontractor who receives a payment from a vendor shall pay a person who supplies goods or a service for which the payment is made the appropriate share of the payment not later than the 10th day after the date the subcontractor receives the payment.
(b)  The appropriate share is overdue on the 11th day after the date the subcontractor receives the payment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.024. Mailing of Payment

Sec. 2251.024.  MAILING OF PAYMENT.  A payment is considered to be mailed on the date the payment is postmarked.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.025. Interest on Overdue Payment

Sec. 2251.025.  INTEREST ON OVERDUE PAYMENT.  (a)  A payment begins to accrue interest on the date the payment becomes overdue.
(b)  The rate of interest that accrues on an overdue payment is the rate in effect on September 1 of the fiscal year in which the payment becomes overdue.  The rate in effect on September 1 is equal to the sum of:
(1)  one percent;  and
(2)  the prime rate as published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday.
(c)  Interest on an overdue payment stops accruing on the date the governmental entity or vendor mails or electronically transmits the payment.  In this subsection, "governmental entity" does not include a state agency.
(d)  This subsection applies only if the comptroller is not responsible for issuing a warrant or initiating an electronic funds transfer to pay the principal amount owed by a state agency to a vendor.  The accrual of interest on an overdue payment to the vendor:
(1)  stops on the date the agency mails or electronically transmits the payment;  and
(2)  is not suspended during any period that a payment law prohibits the agency from paying the vendor.
(e)  This subsection applies only if the comptroller is responsible for issuing a warrant or initiating an electronic funds transfer to pay the principal amount owed by a state agency to a vendor.  Interest on an overdue payment to the vendor:
(1)  stops accruing on its distribution date;  and
(2)  does not stop accruing during any period that a payment law prohibits the comptroller from issuing the warrant or initiating the transfer.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 64, 65, 66, 67(a), eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 1310, Sec. 61, eff. July 1, 2004.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.026. Payment of Interest by State Agency

Sec. 2251.026.  PAYMENT OF INTEREST BY STATE AGENCY.  (a)  A state agency is liable for any interest that accrues on an overdue payment under this chapter and shall pay the interest from funds appropriated or otherwise available to the agency at the same time the principal is paid.
(b)  The comptroller shall issue a warrant or initiate an electronic funds transfer on behalf of a state agency to pay any interest that the agency must pay under Subsection (a) if the comptroller is responsible for issuing a warrant or initiating an electronic funds transfer to pay the principal amount on behalf of the agency.
(c)  The comptroller shall determine the amount of interest that accrues on an overdue payment by a state agency under this chapter if the comptroller is responsible for issuing a warrant or initiating an electronic funds transfer to pay the principal amount on behalf of the agency.
(d)  A state agency shall determine the amount of interest that accrues on an overdue payment by the agency under this chapter if the comptroller is not responsible for issuing a warrant or initiating an electronic funds transfer to pay the principal amount on behalf of the agency.
(e)  The comptroller or state agency shall submit the interest payment with the net amount due for the goods or services.
(f)  Neither the comptroller nor a state agency may require a vendor to request payment of the interest that accrues under this chapter before the interest is paid to the vendor.
(g)  The comptroller may require a state agency to submit any information the comptroller determines necessary to administer and comply with Subsections (b) and (c).  The information must be submitted at the time and in the manner required by the comptroller.
(h)  The comptroller may require a state agency to change its accounting systems or procedure as the comptroller determines necessary to administer and comply with Subsections (b) and (c).  Any changes must conform with the comptroller's requirements.
(i)  The comptroller may establish procedures and adopt rules to administer Subsections (b), (c), (g), and (h).
(j)  No interest accrues or may be paid under this section on a payment if the total amount of interest that would otherwise have accrued is equal to or less than $5 and the payment is made from the institutional funds of an institution of higher education as defined by Section 61.003, Education Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 634, Sec. 3(a), eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 118, Sec. 3.03, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1158, Sec. 68, eff. June 15, 2001 ;  Acts 2003, 78th Leg., ch. 1275, Sec. 2(85), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.027. Payment of Interest by Political Subdivision

Sec. 2251.027.  PAYMENT OF INTEREST BY POLITICAL SUBDIVISION.  (a)  A political subdivision shall compute interest imposed on the political subdivision under this chapter.
(b)  The political subdivision shall pay the interest at the time payment is made on the principal.
(c)  The political subdivision shall submit the interest payment with the net amount due for the goods or service.
(d)  The political subdivision may not require a vendor to petition, bill, or wait an additional day to receive the interest due.
(e)  The political subdivision may not require a vendor or subcontractor to agree to waive the vendor's or subcontractor's right to interest under this chapter as a condition of the contract between the parties.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1254, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 69, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.028. Payment of Interest by Vendor or Subcontractor

Sec. 2251.028.  PAYMENT OF INTEREST BY VENDOR OR SUBCONTRACTOR.  A vendor or subcontractor shall pay interest as a payment is overdue.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.029. Partial Payment

Sec. 2251.029.  PARTIAL PAYMENT.  (a)  The unpaid balance of a partial payment made within the period provided by this chapter accrues interest as provided by Section 2251.025 unless the balance is in dispute.
(b)  Section 2251.042 applies to a disputed balance.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter B. Payments and Interest › Section 2251.030. Prompt or Early Payment Discount

Sec. 2251.030.  PROMPT OR EARLY PAYMENT DISCOUNT.  (a)  The intent of the legislature is that a governmental entity should take advantage of an offer for an early payment discount.  A state agency shall when possible negotiate a prompt payment discount with a vendor.
(b)  A governmental entity may not take an early payment discount a vendor offers unless the governmental entity makes a full payment within the discount period.
(c)  If a governmental entity takes an early payment discount later, the unpaid balance accrues interest beginning on the date the discount offer expires.
(d)  A state agency, when paying for the goods or service purchased under an agreement that includes a prompt or early payment discount, shall submit the necessary payment documents or information to the comptroller sufficiently in advance of the prompt or early payment deadline to allow the comptroller or the agency to pay the vendor in time to obtain the discount.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.35, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1158, Sec. 70, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter C. Claims and Disputes › Section 2251.042. Disputed Payment

Sec. 2251.042.  DISPUTED PAYMENT.  (a)  A governmental entity shall notify a vendor of an error or disputed amount in an invoice submitted for payment by the vendor not later than the 21st day after the date the entity receives the invoice, and shall include in such notice a detailed statement of the amount of the invoice which is disputed.
(b)  If a dispute is resolved in favor of the vendor, the vendor is entitled to receive interest on the unpaid balance of the invoice submitted by the vendor beginning on the date under Section 2251.021 that the payment for the invoice is overdue.
(c)  If a dispute is resolved in favor of the governmental entity, the vendor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.  The unpaid balance accrues interest as provided by this chapter if the corrected invoice is not paid by the appropriate date.
(d)  The governmental entity may withhold from payments required no more than 110 percent of the disputed amount.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 319 (H.B. 1476), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter C. Claims and Disputes › Section 2251.043. Attorney Fees

Sec. 2251.043.  ATTORNEY FEES.  In a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing party, which may be the governmental entity or the vendor, shall pay the reasonable attorney fees of the prevailing party.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter D. Remedy for Nonpayment › Section 2251.051. Vendor Remedy for Nonpayment of Contract

Sec. 2251.051.  VENDOR REMEDY FOR NONPAYMENT OF CONTRACT.  (a)  A vendor may suspend performance required under a contract with a governmental entity if:
(1)  the governmental entity does not pay the vendor an undisputed amount within the time limits provided by Subchapter B;  and
(2)  the vendor gives the governmental entity written notice:
(A)  informing the governmental entity that payment has not been received;  and
(B)  stating the intent of the vendor to suspend performance for nonpayment.
(b)  The vendor may not suspend performance under this section before the later of:
(1)  the 10th day after the date the vendor gives notice under Subsection (a);  or
(2)  the day specified by Section 2251.053(b).
(c)  A vendor who suspends performance under this section is not:
(1)  required to supply further labor, services, or materials until the vendor is paid the amount provided for under this chapter, plus costs for demobilization and remobilization;  or
(2)  responsible for damages resulting from suspending work if the governmental entity with which the vendor has the contract has not notified the vendor in writing before performance is suspended that payment has been made or that a bona fide dispute for payment exists.
(d)  A notification under Subsection (c)(2) that a bona fide dispute for payment exists must include a list of the specific reasons for nonpayment.  If a reason specified is that labor, services, or materials provided by the vendor or the vendor's subcontractor are not provided in compliance with the contract, the vendor is entitled to a reasonable opportunity to:
(1)  cure the noncompliance of the listed items;  or
(2)  offer a reasonable amount to compensate for listed items for which noncompliance cannot be promptly cured.
Added by Acts 2003, 78th Leg., ch. 286, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter D. Remedy for Nonpayment › Section 2251.052. Subcontractor Remedy for Vendor's Nonpayment of Contract

Sec. 2251.052.  SUBCONTRACTOR REMEDY FOR VENDOR'S NONPAYMENT OF CONTRACT.  (a)  A subcontractor of a vendor under a contract with a governmental entity may suspend performance required under the contract with the vendor if:
(1)  the governmental entity with whom the subcontractor's vendor has a contract does not pay the vendor an undisputed amount within the time limits provided by Subchapter B;  or
(2)  the governmental entity with whom the subcontractor's vendor has a contract has paid the vendor undisputed amounts and the vendor does not pay the subcontractor an undisputed amount within the time limits provided by Subchapter B.
(b)  A subcontractor who suspends performance under Subsection (a) must give the vendor written notice, a copy of which the subcontractor may provide the governmental entity with whom the vendor has a contract:
(1)  informing the vendor that payment has not been received;  and
(2)  stating the intent of the subcontractor to suspend performance for nonpayment.
(c)  The subcontractor may not suspend performance under this section before the later of:
(1)  the 10th day after the date the subcontractor gives notice under Subsection (b);  or
(2)  the date specified by Section 2251.053(b), if applicable.
(d)  A subcontractor who suspends performance under this section is not:
(1)  required to supply further labor, services, or materials until the subcontractor is paid the amount provided for under the contract, plus costs for demobilization and remobilization;  or
(2)  responsible for damages resulting from suspending work if the vendor has not notified the subcontractor in writing before performance is suspended that payment has been made or the governmental entity has notified the vendor that a bona fide dispute for payment exists.
(e)  A notification under Subsection (d)(2) that a bona fide dispute for payment exists must include a list of the specific reasons for nonpayment.  If a reason specified is that labor, services, or materials provided by the subcontractor are not provided in compliance with the contract, the subcontractor is entitled to a reasonable opportunity to:
(1)  cure the noncompliance of the listed items;  or
(2)  offer a reasonable amount to compensate for listed items for which noncompliance cannot be promptly cured.
Added by Acts 2003, 78th Leg., ch. 286, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter D. Remedy for Nonpayment › Section 2251.0521. Unsigned Change Order

Sec. 2251.0521.  UNSIGNED CHANGE ORDER.  (a)  In this section:
(1)  "Public work contract" has the meaning assigned by Section 2253.001.
(2)  "Subcontract" means a contract between a subcontractor and a vendor who is providing services under a public work contract.
(b)  A vendor may elect not to proceed with additional work directed by a governmental entity under a public work contract if:
(1)  the vendor has not received a written, fully executed change order for the governmental entity-directed additional work; and
(2)  the aggregate actual or anticipated value of the additional work under the vendor's contract terms plus any previous governmental entity-directed additional work for which the vendor has not received a written, fully executed change order exceeds 10 percent of the vendor's original public work contract amount.
(c)  A subcontractor may elect not to proceed with additional work directed by a vendor under a subcontract if:
(1)  the subcontractor has not received a written, fully executed change order for the governmental entity-directed additional work from the vendor; and
(2)  the aggregate actual or anticipated value of the additional work under the subcontractor's subcontract terms plus any previous governmental entity-directed additional work for which the subcontractor has not received a written, fully executed change order exceeds 10 percent of the subcontractor's subcontract amount.
(d)  A vendor or subcontractor who elects not to proceed with additional work as provided by this section is not responsible for damages associated with the election not to proceed.
Added by Acts 2023, 88th Leg., R.S., Ch. 533 (H.B. 3485), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2251 - Payment for Goods and Services › Subchapter D. Remedy for Nonpayment › Section 2251.053. Highway-Related Contracts

Sec. 2251.053.  HIGHWAY-RELATED CONTRACTS.  (a)  This section applies only to a contract entered into by the Texas Department of Transportation for the construction or maintenance of a highway or a related facility.
(b)  A vendor or subcontractor may not suspend performance under Section 2251.051 or 2251.052 before the 20th day after the date:
(1)  the vendor gives written notice under Section 2251.051(a);  or
(2)  the subcontractor gives written notice under Section 2251.052(b).
(c)  A notice required under this subchapter and relating to a contract described by Subsection (a) must be sent by certified mail to:
(1)  the executive director of the Texas Department of Transportation;
(2)  the director of construction of the Texas Department of Transportation;  or
(3)  the person designated in the contract as the person to whom notices must be sent.
Added by Acts 2003, 78th Leg., ch. 286, Sec. 3, eff. Sept. 1, 2003.