April 24, 2009

Legislative Clock is Ticking-
the 4th Quarter has Arrived

As of this morning, there are 38 days (today is day 102 of the 140 day legislative session) left in the regular session for the 81^st Texas Legislature.  The legislative clock is starting to get short.  House bills that are heard in committees next week are long shots to make it.  The next key day is Friday, May 15^th – this will be the 123^rd day of the session and all house bills will have to be passed by the House to continue to be alive as a bill.

We are in the timeframe when bill sponsors know which of their bills are in trouble.  They begin to look around at bills that are moving to see if their language can be added as an amendment to a bill that is moving.  Make a note that our indemnification and alternative delivery bills are perfect examples of measures that others are eyeing.

Both the House and the Senate are starting to have longer calendars as they try to rush bills across the finish lines.  These are the times when the days are getting longer and the tempers begin to get shorter.  You will likely read about a number of skirmishes as we move into the final month of the Session.
 

House Judiciary Committee Keeps Indemnification Legislation Moving

The House Judiciary & Civil Jurisprudence Committee voted HB 818 by Representative Eiland out of the Committee this week.  The bill is headed to the House Calendars Committee, where it will wait for the Senate companion SB 555 to catch up.  This compromise bill that has been agreed to by AGC, the Texas Civil Justice League and the Texas Construction Association is in very good shape as the Legislative Session moves into the 4^th Quarter.
 

Alternative Delivery Bill Expected
to Move in a Week or So

The alternative delivery legislation is in really good shape at this time.  The bill that will move is SB 1110 – it has been passed by the Senate and is in the House State Affairs Committee waiting for a hearing.  The House State Affairs Committee agenda next week is full of house bills that are trying to stay alive.  The House State Affairs Committee has been assigned 310 House bills of which only 56 have been reported from the Committee.  They have also received 9 Senate bills including SB 1110. 
 

Disaster Remediation, OSHA and Crane Operators Legislation Not Moving

Several pieces of legislation that concern AGC are not moving through the legislative process.

The bill that would register and regulate crane operators (HB 1807 by Representative Giddings) was heard in House Licensing and Administrative Procedures Committee on April 1^st - it has not moved and has been left as pending business.  SB 180 by Senator Mario Gallegos that would set up a statewide OSHA program has not had a hearing in the Senate State Affairs Committee.  HB 1291 by Representative Eiland that would license disaster remediation contractors had a hearing in the House Insurance Committee on March 10^th and is still in the committee as pending business.  AGC staff along with Robert Bass and Steve Nelson met with Representative Eiland to share our concerns and see if AGC can help address the issues that his constituents in Galveston experienced in coping with the hurricane damage.  Representative Eiland has good intentions, but the uncertainty is in doing something that is going to be effective.
 

House Passes Budget Bill
After 19 Hours of Debate

Late last week, the House took up the 2010-2011 budget bill.  There were only 225 of the over 400 pre-filed amendments that were considered.  It had all the ingredients for a real donnybrook and yet it was handled with very few disputes.  In the end, it was approved by the House on a vote of 149 to 0.  How this bill was handled and how well House members are getting along with each other is the real surprise of the session.

Speaker Straus stayed true to his game plan and let the members work.  The members chose to work together.  The Chairman and Vice Chairman of the Appropriations Committee – Chairman Jim Pitts, R, Waxahachie and Vice Chairman Richard Raymond, D, Laredo worked to identify and eliminate issues that had fatal flaws.  The Democratic and Republican Caucus leaders, Jim Dunnam, D, Waco and Larry Taylor, R, Friendswood, worked together to avoid the partisan warfare that would place members in a position of having to take bad votes.  It ended up being a really good story of working together – well done.

The Senate refused to concur, so the bill is headed to a conference committee.  Lieutenant Governor Dewhurst today named Senators Ogden, Shapiro, Williams, West and Hinojosa as conferees.   Speaker Straus has not named the five House conferees.
 

Tort Reform Update

This has been by far the most difficult session for the business community on tort reform issues.  The climate for the tort reform lobby has changed drastically.  This has been a session about playing defense to retain the gains that have been made.  Here’s a quick scorecard on where we are:

Asbestos – SB 1123 has passed the Senate and is in the House Judiciary & Civil Jurisprudence Committee where its companion, HB 1811 has been stalled.

Entergy – The House Business & Industry Committee passed HB 1657 after the Texas Supreme Court reaffirmed the Entergy decision.  The Committee Chair, Representative Deshotel leaned on members pretty hard in getting it out.  This bill still has a lot of hurdles to jump, with the Calendars Committee being the next hurdle.

Arbitration – HB 2696 by Representative Gattis is being held in the House Judiciary & Civil Jurisprudence Committee.  Senator West has not attempted to move a similar bill, SB 222, from the Senate Jurisprudence Committee.  Senator West passed an arbitration bill in the past only to see it die in the House.  He advised several groups that he was going to wait this session to have the House get a bill over to him.  It hasn’t happened to date.

Paid or incurred – SB 1119 by Senator Hinojosa is on the Senate Intent Calendar with the Senator working to neutralize the opposition.  This legislation deals with medical expenses in personal injury lawsuits.  The House companion, HB 1956, is keeping company with others as pending business in the House Judiciary & Civil Jurisprudence Committee.