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  H.B. No. 2075
 
 
 
 
AN ACT
  relating to payments to contractors in connection with highway
  projects of the Texas Department of Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 223.009, Transportation Code, is amended
  to read as follows:
         Sec. 223.009.  PARTIAL PAYMENT.  A contract may provide for
  partial payments to the contractor. [The aggregate amount of
  payments at any time may not exceed 95 percent of the value of the
  work done.]
         SECTION 2.  Section 223.010(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may retain up to five [Five] percent of
  the contract price. The department may continue to retain the
  amount [shall be retained] until the entire improvement has been
  completed and accepted or release the retained amount at any time
  before the improvement is accepted [, except as provided by
  Subsections (h) and (i)].
         SECTION 3.  Sections 223.010(h) and (i), and Section
  223.011, Transportation Code, are repealed.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2075 was passed by the House on April
  12, 2007, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2075 on May 17, 2007, by the following vote:  Yeas 147, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2075 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor