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HB 3712

AN ACT relating to funds reserved for certain construction materials.

House Bill Guillen
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Prevents owners, contractors, or subcontractors from reserving funds for specially fabricated construction materials that have already been delivered and accepted at a site or are covered by a manufacturer's warranty. The legislation aims to clarify payment practices in construction contracts, ensuring that funds cannot be withheld for materials that have been fully received and verified. The law will apply to original contracts entered into on or after September 1, 2025, providing clarity and protection for construction industry professionals.

Subject Areas

Bill Text

relating to funds reserved for certain construction materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 53.101, Property Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1)  An owner, contractor, or subcontractor may not
reserve funds under this section for specially fabricated material
(1)  has been delivered by a subcontractor and accepted
by the owner, contractor, or subcontractor at the site or off-site;
(2)  is covered by a manufacturer's warranty under a
contract with the owner, contractor, or subcontractor.
SECTION 2.  The changes in law made by this Act apply only to
an original contract that is entered into on or after the effective
date of this Act.  An original contract entered into before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to funds reserved for certain construction materials.