April 17, 2009

Senate Passes Alternative Delivery
Bill-SB1110 by Jackson

SB 1110, by Senator Mike Jackson, that consolidates the public alternative delivery for construction projects was passed by the Senate this week on a vote of 31 to 0.  The bill is now in the House and is waiting to be referred to the House State Affairs Committee where it will catch its companion bill – HB 2106 by Representative Charlie Geren. A hearing should take place on this bill in a couple of weeks.
 

Local Preference Restriction Bill Moving

A bill that will place restrictions on the local preference bidding law is moving very well in the House of Representatives.  Representative Carl Isett passed HB 2082 out of the House County Affairs Committee this week and the bill has been recommended for the House Local and Consent Calendar.  This bill will place a cap of $100,000 on purchases for the 5% local bidder.  This local bidder preference is only available to cities or school districts that are in a municipality that is under 250,000 population.
 

Attorney Fee Recovery Bill to
be Heard on Monday

The house Judiciary & Civil Jurisprudence Committee will hold a hearing on HB 3203 by Representative Will Hartnett next week.  This bill will allow for the recovery of attorney’s fees in lawsuits involving local governmental entities.
 

Other AGC Bills

The compromise indemnification legislation, HB 818 by Representative Eiland and SB 555 by Senator Duncan, are still in the House Judiciary & Civil Jurisprudence Committee as pending business.  This legislation is expected to be moved along in the House next week.

The crane operator registration bill, HB 1807 by Representative Helen Giddings, is still in the House Licensing and Administrative Procedures Committee as pending business.

The bill to close loopholes in cases involving the theft of copper, bronze and aluminum, HB 348 by Representative Aaron Pena, was passed by the House of Representatives this week.  It now moves to the Senate.
 

House Business and Industry Committee Passes Entergy Rollback Bill

HB 1657 by Representative Helen Giddings which would reverse the effects of the recent Texas Supreme Court decision reaffirming the statutory employer status for owners using an OCIP was passed out of the House B & I Committee this week.  Efforts will be made to stall this legislation in the House Calendars Committee.
 

House Debates Budget Bill

The House of Representatives is debating the budget bill as this newsletter is being prepared.  There have been 439 amendments filed for the 903 page house version of the proposed 2 year budget to spend $178.4 Billion (Senate version is $182.3 Billion)This is the only thing that is required by law for the Legislature.  They must pass a budget bill before they adjourn.  The legislature is holding the line in not tapping the state’s rainy day fund.  Most believe they are going to need every penny of it when they return in two years.  Unless something unusual happens, the House should finish its work on the budget late tonight or tomorrow.  It’s back to the Senate, where they are likely not to concur with the House version.  That will put it into a conference committee with the Lt. Governor and Speaker appointing five members each to work out the differences. 

The joker in the deck is the federal stimulus money.  Legislators have avoided tapping the rainy day fund by plugging the federal stimulus dollars into slots that they believe will be approved by the feds.  The final word on the federal rules and acceptance by the feds is not expected until the end of May.  If the feds do not approve how the funds have been used, then we’ll see the lawmakers in a summer special session.  Here’s a breakdown of where the state $$$ go (the federal funds that are earmarked):

Public and higher education – 57.8%
Health and Human Services – 29.4%
Everything else – 12.8%
 

Immigration Bills to Be Heard
Next Week in House

The House State Affairs Committee has scheduled seven immigration bills to be heard next week.  The general feeling around the Capitol, that the issue of immigration reform is a federal issue, has not changed in two years but immigration bills are being given hearings this legislative session.  These bills are not expected to get any traction, but seven bills dealing with various aspects of this issue will be heard in the House State Affairs Committee next week.