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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT |
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Chapter 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS |
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Subchapter B. GENERAL REQUIREMENTS; LIABILITY |
Sec. 2253.027. LIABILITY OF GOVERNMENTAL ENTITY
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(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.