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June 3, 2011 |
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Regular Session Ends-Special The 82nd Texas Legislature was set to finish up its business last weekend, and then a short filibuster in the Senate crashed the party. Senator Wendy Davis, D – Fort Worth, filibustered the fiscal matters bill (SB 1811) in the last hour and fifteen minutes of the session on Monday night. The fiscal matters bill with its public education funding component is needed to make the budget for the next biennium workable.
So with the job not complete, Governor Perry immediately issued a call for a
Special Session to start on Tuesday. Thus far, the fiscal matters
legislation and the congressional redistricting legislation are the only
items the Governor has approved for the Special Session. The Texas
Windstorm Insurance Association issue could also be added to the 30 day
special session. |
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Indemnification Legislation
The TCA/AGC indemnification legislation (SB 361 by Senator Duncan) had been stalled in the House Insurance Committee. The votes to pass the legislation out of the committee just were not there. The bill sponsors began looking for other legislation to which the indemnification language could be attached as an amendment. Senator Duncan identified HB 2093 by Representative Senfronia Thompson as a possible vehicle for an amendment – this was the Consolidate Insurance Program bill. Senator Duncan worked with Senator Leticia Van de Putte (Senate sponsor of HB 2093) to add the indemnification language to HB 2093. The Senate passed the bill with the Duncan amendment on a 23 to 8 vote. The bill was sent back to the House to either concur with the amendment or go to a conference committee for changes. Representative Thompson asked the House to send the bill to a conference committee, which it did. The conference committee made one minor change in the bill. The bill then went back to the House and the Senate for final consideration of the amended conference committee version of the bill. The House approved the bill on a 121 to 21 vote and the Senate approved it with a 26 to 5 vote.
The indemnity amendment still has the carve out for third-party over
actions for injured employees. There were additional carve outs for
(1) residential projects, (2) municipal projects, and (3) joint defense
agreements entered into post-claim, that were part of the amendment.
The amended HB 2093 was passed in the Senate and the House. Key AGC
Leaders reviewed Duncan’s proposed amendment and decided it was narrower
than the bill (SB 361) that TBB supported. The amendment will continue
to allow the use of broad form indemnification clauses on municipal
projects. The bill has been sent to Governor Perry for his
consideration. |
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AGC Supported Bills Sent to Governor Below is the list of AGC supported bills that have been sent to Governor Rick Perry. The Governor has until midnight June 19th to veto the bills. The Governor can do one of three things – sign a bill, veto a bill, or let it become law without his signature.
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Breach of Contract Amendment
Stripped From Fiscal Matters Bill
The
language from HB 1041 by Representative Paul Workman on the breach of state
contracts issue that was added as an amendment to SB 1811 was stripped out
the conference committee final version of this bill.
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Immigration Bills
The two key immigration bills both died during the regular session. HB 12
was the Sanctuary City bill and SB 9 was the Border Security bill. Either
or both of these bills could be added at some time to a special session
agenda. |
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State Budget Bill Sent to Governor The appropriations bill, HB 1 by Representative Pitts, was passed by the Legislature and it has been sent to Governor Perry. The bill will appropriate $172.3 Billion from all funding sources for the 2012-2013 biennium. This is a $15.2 Billion (8.1% decrease) from the current state budget. The bill appropriates the following: Health & Human Services - $40.6 Billion Public Education - $38.6 Billion Higher Education - $21.8 Billion Transportation - $19.8 Billion Criminal Justice - $4.9 Billion Business & Economic Development - $4.1 Billion Natural Resources - $3.2 Billion Regulatory - $512.9 Million
Border Security - $219.5 Million |
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Final AGC Legislative Report Available After Veto Period
A final AGC Texas Building Branch Legislative Report will be available near
the end of the month after the veto period has expired. |
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AGC Board & Staff Thank You for
AGC wants to thank all of its members for your calls, letters, faxes and general support during the 82nd Regular Texas Legislative Session. The job is not finished and we ask you to prepare and send letters to Governor Perry in support of the AGC backed legislation that has been passed and is waiting on his desk for his consideration. Letters to Governor Perry can be sent to:
The
Honorable Rick Perry |