May 8, 2007

Bill Status Report-Bills of Interest
to AGC-Texas Building Branch

HB 447 by Bill Callegari relates to contracts by governmental entities for construction projects and related professional services and to public works performance and payment bonds. This is the AGC, TSA, Texas CEC public works alternative delivery bill. Texas Building Branch supports this bill.  The bill has passed the House and has been voted favorably from the Senate Government Organization Committee.

HB 1268 by Corbin Van Arsdale concerns the award of attorney's fees under  the terms of certain contracts with a governmental entity.  This bill provides for the recovery of attorney's fees in a dispute if the contract specifies that these are awarded to the prevailing party.  AGC supports this bill.  It has passed the House and has been referred to the Senate State Affairs Committee.

HB 1766 by Aaron Pena provides for penalties under the Texas Penal Code for the theft of aluminum, bronze or copper wiring.  AGC-TBB supports this bill.  It has passed the House and is on the Senate Local/Uncontested Calendar.

HB 2014 by John Smithee and SB 354 by John Carona is the Texas Construction Association CIP bill that will set up rules and regulations controlling consolidated insurance programs.  AGC has been in negotiations with TCA on this proposed legislation.  Texas Building Branch is Opposed to this bill in its present form and is working to amend it.  HB 2014 is in the House Calendars Committee and SB 354 is eligible for the Senate Intent Calendar.

HB 3147 by Burt Solomons concerns claims against a contractor for construction of common elements under a condominium or cooperative system. This is the AGC condominium construction defects bill that places the common elements under the Residential Construction Liability Act (RCLA). The bill has passed the House Business & Industry Committee and is on the House Calendar for consideration.

HB 3928 by Jim Keffer is a technical corrections bill.  As passed by the House it raises the threshold level for the revised franchise tax from $300,000 to $600,000 which now will exempt more small businesses. AGC supports this bill. It passed the House and was referred to the Senate Finance Committee.

SB 9 by Florence Shapiro concerns  the dissemination of criminal history record information for the certification and employment of educators and other public school employees who engage in certain misconduct. This is the safe school bill and it also applies to contractors who conduct business on school campuses where students are present.  AGC has worked with the authors to include clarification language in regard to school construction workforces that do not come into direct contact with students on a regular basis. It has passed the Senate and is pending business in the House Public Education Committee.

SB 324 by Bob Deuell. This is the AGC and TCA contingent payment bill. It concerns contingent payment clauses in certain construction contracts. The bill has passed the Senate and reported favorably from the House Business & Industry Committee.

SB 346 by Robert Duncan is the anti-indemnification and additional insured bill by the Texas Construction Association (TCA). AGC-TBB is opposed to this bill. It passed the Senate and has been referred to the House Civil Practices Committee where its house companion (HB 2262) has been left as pending business.

Remember that the AGC Texas Building Branch website has information on all the bills that we are monitoring. For further information on the bills, go to www.agctbb.org.
 

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