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AGC Texas Building Branch Legislative Update

May 18, 2007

There are ten days left in the Legislative Session and the pace at the Capitol is fast and furious. Following is an update on our key issues.

AGC KEY BILLS
 Contingent Payment
SB 324 by Deuell/Chisum This bill passed the House on Thursday and is now headed back to the Senate. The Senate is expected to concur with a minor change made by the House. This bill should be headed to the Governor soon. AGC Texas Building Branch wishes to thank all members who wrote letters, called legislators, and traveled to Austin to support contingent  payment legislation. The membership and staff of Texas Construction Association are to be thanked for their support and efforts in passing this legislation.

Public Alternative Delivery
HB 447 by Callegari/Jackson This bill was passed by the Senate yesterday, but not before receiving a number of amendments. It will now return to the House where Rep. Callegari and the House are expected to refuse to concur with the Senate changes, so the bill will end up in a conference committee. We expect several of the amendments to be removed by the conference committee, and then the bill will return to both chambers for a Yes/No vote to accept the conference committee version. If both chambers approve the new version, it will go to the Governor. The deadline for conference committee bills to get back to both chambers is May 26, just two days before the session ends.

Condominium Construction Defect Claims
HB 3147 by Solomons/Carona HB 3147 was passed by the Senate Business & Commerce Committee on Thursday night. Next it goes to the Senate for a final vote which will likely happen next week. This bill is very close to getting to the Governor’s office.
 

OTHER ISSUES OF INTEREST
 Anti-Indemnification
 SB 346 by Duncan/Eiland SB 346 is still in the House Civil Practices Committee. AGC, along with other groups opposed to this bill, has not been able to reach a compromise with Texas Construction Association (TCA) on this issue.

Contractor Consolidated Insurance Programs (CCIPs)
 SB 356 by Carona AGC and TCA reached a compromise on this bill last week, but some public owners continued to object. This issue will be back in two years.

Equal Treatment on Attorney’s Fees in Disputes with Governmental Entities
 HB 1268 by Van Arsdale/Ellis  This bill is on the Senate Calendar. It has not been amended and will head to the Governor after passed by the Senate.

Penalties for Theft of Wire/Cable…
 HB 1766 by Pena  AGC has supported this bill which sets penalties ranging from a misdemeanor to a state jail felony for the theft of wire or cable that is at least 50% aluminum, bronze or copper. The bill has been sent to Governor Perry, who is expected to sign it.

“Safe School” Bill
 SB 9 by Shapiro/Branch  This bill, which will require a criminal background check/fingerprinting for school employees and all workers who have direct contact with students, is awaiting final vote by the House. AGC has worked with bill sponsors for an amendment that exempts emergency construction service calls; we are still striving for a way to exempt construction employees whose work does not bring them into contact with students.
 

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