Current as of April 14, 2021 | Updated by FindLaw Staff
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(a) The Advisory Committee on Agriculture to the institutional division is created.
(b) The advisory committee consists of five members. One member must be a member of the board, and if possible that member should have a knowledge of agriculture. One member must be a member of the faculty at Texas A&M University with expertise in agriculture. The other members must be citizens of the state with knowledge of agriculture. The board shall appoint the board member, the faculty member from Texas A&M University, and two of the citizen members. The commissioner of agriculture shall appoint the remaining citizen member.
(c) Members of the advisory committee serve at the will of the board.
(d) The member of the advisory committee who is the board member serves as chairman of the advisory committee.
(e) Members of the advisory committee are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing their official duties as advisory committee members.
(f) Necessary costs for the operation of the committee shall be paid from funds appropriated to the board.
(g) The advisory committee shall hold regular quarterly meetings on dates fixed by the committee and special meetings as the committee determines necessary.
(h) The advisory committee shall keep a public record of its decisions at the general office of the institutional division.
(i) The advisory committee shall present to the board periodic evaluations of agricultural programs, suggestions for new areas of agricultural operations, and reviews related to the need for mechanization and the use of inmate labor in agricultural operations. The committee shall report to the board on its activities at least twice each year.
If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver that the claimant has, in fact, been paid the progress payment, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form, with the text of the “Notice to Claimant” in at least as large a type as the largest type otherwise in the form:
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UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
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NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. |
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Identifying Information |
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Name of Claimant: _______________________________________________________________________________ |
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Name of Customer: _______________________________________________________________________________ |
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Job Location: ___________________________________________________________________________________ |
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Owner: __________________________________________________________________________________________ |
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Through Date: ___________________________________________________________________________________ |
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Unconditional Waiver and Release |
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This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $ |
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Exceptions |
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This document does not affect any of the following: |
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(1) Retentions. |
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(2) Extras for which the claimant has not received payment. |
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(3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. |
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Signature |
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Claimant's Signature: ___________________________________________________________________________ |
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Claimant's Title: _______________________________________________________________________________ |
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Date of Signature: ______________________________________________________________________________ |
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 411.075. Procedure After Order - last updated April 14, 2021 | https://codes.findlaw.com/tx/government-code/gov-t-sect-411-075.html
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