(a) A payment bond beneficiary who has provided public work labor or material under a public work contract for which a payment bond is furnished under this chapter may sue the principal or surety, jointly or severally, on the payment bond if the claim is not paid before the 61st day after the date the notice for the claim is mailed.
(b) Suit may be brought under Subsection (a) for:
(1) the unpaid balance of the beneficiary’s claim at the time the claim was mailed or the suit is brought; and
(2) reasonable attorney fees.