Texas law on any date › Government Code
Government Code §2253.027
In force on Mar 17, 2025 · this text took effect Sep 01, 2023 · same as today's text
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 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 .
History: 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. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1008 (H.B. 2518 ), Sec. 2, eff. September 1, 2023.
Source: the Legislature's file server, seen Sep 28, 2023 to Nov 08, 2026.
Every version on file
- Effective Sep 01, 2023 · seen Sep 2023–Nov 2026
- Effective Sep 01, 2003 · seen Jun 2021–Jun 2023
- Effective Sep 01, 2003 · seen Sep 2018–Sep 2018
Attorney General opinions that cite it
- KP-0514 (Mar 17, 2025): Performance and payment bond requirements under Government Code § 2253.021
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.