Sec. 2253.026. COPY OF PAYMENT BOND AND CONTRACT. (a) A governmental entity shall furnish the information required by Subsection (d) to any person who applies for the information and who submits an affidavit that the person:
(1) has supplied public work labor or material for which the person has not been paid;
(2) has contracted for specially fabricated material for which the person has not been paid; or
(3) is being sued on a payment bond.
(b) The copy of the payment bond or public work contract is prima facie evidence of the content, execution, and delivery of the original.
(c) An applicant under this section shall pay any reasonable fee set by the governmental entity for the actual cost of preparation of the copies.
(d) A governmental entity shall furnish the following information to a person who makes a request under Subsection (a):
(1) a certified copy of a payment bond and any attachment to the bond;
(2) the public work contract for which the bond was given; and
(3) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, for obtaining information concerning licensed insurance companies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 380, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.124, eff. September 1, 2005.
Structure Texas Statutes
Subtitle F - State and Local Contracts and Fund Management
Chapter 2253 - Public Work Performance and Payment Bonds
Subchapter B. General Requirements; Liability
Section 2253.021. Performance and Payment Bonds Required
Section 2253.022. Performance and Payment Bonds; Insured Loss
Section 2253.023. Attempted Compliance
Section 2253.024. Information From Contractor or Subcontractor
Section 2253.025. Information From Payment Bond Beneficiary