Texas Attorney General Opinion: C-6 Page: 4 of 5
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Hon. D. C. Greer, Page 4 (C- 6 )
in parl materia and should be construed together.
Huddleston & Work v. Kennedy, Civ. App., 57
S.W.2d 255. These Articles, in general, pro-
vide additional security for the payment of
claims against a contractor in favor of those
who furnish any material, equipment or labor
t9 any contractor for any public improvements
in this State, by means of either (1) a lien
against funds designated for the payment of
said contractor, or (2) a bond which the con-
tractor makes in lieu of said lien."
Attorney General's Opinion No. 0-4453 (1942) states:
"In the case of Huddleston & Work v.
Kennedy, 57 S.W.2d 258 the court held that
Articel 160 and Article 6674m were in. pari
materia. '
Smith v. Texas Co., supra, held that the statutes con-
cerning the- fixi-g or claim materials and labor furnished
in' the construction of permanent improvements of the State
should be liberally construed..
Article 6674m was amended by the Legislature in the
same session'but later in time than Articles. 5160 and 5472a.
Acts 56th Leg. 1959, ch. 434, p.: 138.
The prior construction that these statutesare in pari
materia and should be liberally construed, together with the
fact that the amendment of Article 6674m was later in time
than the amendment of Articles 5160 and 5472a, compels the
conclusion that the Texas Highway-Department should retain
five percent of the contract price of all highway construction
contracts until the work has been completed and accepted and
that final payment should not be tendered until a showing is
made that all money due for labor and material furnished for
the purpose of the project has been paid.
U$ MMARY
Article 5472b requires public officials to
retain funds due under prime contracts -for public
improvements sufficient to cover unpaid claims
for which notice is received only in those situa-
tions where the amount of the prime contract does-22-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-6, text, January 24, 1963; (https://texashistory.unt.edu/ark:/67531/metapth268424/m1/4/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.