Government Code §2253.027

(a) If a governmental entity fails to obtain from a prime contractor a payment bond as required by Section 2253.021 or fails to include in a lease the lease terms required by Section 2252.909 : (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. (c) A governmental entity is not liable as a surety under Subsection (a)(1) if a person leasing property from the entity fails to submit to the entity the notice of commencement required by Section 2252.909 .