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AGC TBB - A Brief History

Prior to 1967 no AGC Building Chapter had an office in Austin responsible for representing the building construction industry and its interests.  In the summer of 1967, the Houston Chapter opened a small office in Austin, headed by E. Wayne Hall, to observe the state legislature and agencies that either governed contractors or construction programs.



In the early 1970's members of various chapters began to meet with Houston Chapter officers to determine the feasibility of establishing a statewide organization that could coordinate governmental activities for the other building chapters.



A group of officers from all the chapters was invited to begin work on preparation of a Declaration of Intent that would set forth the purpose of a statewide organization, as well as, specific activities to be undertaken by the group.



In January of 1974 AGC Texas Building Branch was incorporated, with E. Wayne Hall as its Executive Director, to serve as a legislative office for the AGC building chapters of Texas.



E. Wayne Hall served as Executive Director until his retirement in 1988.  At that time Jim Sewell took over as the Director of TBB and held that position until his retirement in 2007.  Mike Chatron is the current President of AGC Texas Building Branch.



In the more than forty years since it’s incorporation AGC Texas Building Branch has worked diligently to enact state legislation that will benefit the commercial building industry in Texas.  

 

AGC Texas Building Branch:

 

  • was responsible for passing the first state-wide comprehensive bidding laws;

  • was responsible for payment of interest by public agencies on retainage of more than 5%;

  • was in the forefront on workers' comp reform. In particular, the rewriting of the state safety laws, and the regulations to implement these laws;

  • sponsored and worked for passage of a law prohibiting architects and engineers from requiring contractors to hold AlE's harmless from liability for damages resulting from architect and engineer professional duties;

  • was responsible for a law establishing a 10 year statute of limitations against claims for damages resulting from the contractor's work;

  • successfully sponsored legislation prohibiting the altering or changing of bids after they had been opened;

  • has consistently been the leader in protecting contractor's rights under Texas Lien Laws.

Important Recent AGC Legislation

 

1997

 

 

  • Original Alternative Delivery Legislation for Public & Higher Education – SB 583

  • Alternative Dispute Resolution by State Agencies Legislation – SB 694


1999

 

 

  • SOAH Legislation for State Construction Contract Disputes – sunset bill

  • Clean up of Alternative Delivery Legislation – SB 669


2001

 

  • Alternative Delivery Legislation for Local Governmental Entities – SB 510

  • Alternative Delivery Legislation for State Agencies – GSC Sunset

  • Competitive bidding threshold changed from $15,000 to $25,000 – HB 197 & HB 2863

  • Surety name on bond – HB 548

  • Electronic bid submission – HB 1981

 

2003

 

  • Mold remediation legislation – HB 329

  • Public prompt pay legislation revisions – HB 2397

  • County Sovereign Immunity legislation – SB 1017

 

 

2003

 

 

  • Mold remediation legislation – HB 329

  • Public prompt pay legislation revisions – HB 2397

  • County Sovereign Immunity legislation – SB 1017

 

2005

 

  • Local government Sovereign Immunity legislation – HB 2039

  • SOAH Legislation amended to permit payment of claims of $250,000 or less – HB 1940

  • School district construction crews (Joshua ISD) – HB 1826

  • Municipalities issue building permits on a timely basis – HB 265 & HB 266

  • Asbestos & silica legislation – SB 15

  • Texas Emissions Reduction Program – HB 2481


2007

 

  • Condominium construction defect legislation – HB 3147

  • Recovery of attorney’s fees if contractor prevails – HB 1268

  • Safe school bill amendment for emergencies – SB 9

  • Theft of precious metals – HB 1766


2009

 

  • Recovery of attorney fees for local governmental entities & raising competitive bidding threshold to $50,000 – HB 987

  • School background check amendment clarifying responsibility for checks – HB 2730

  • Amend local preference legislation to contracts of $100,000 – HB 2082

  • Construction Trust Fund statute – HB 1513

  • Fraudulent mechanic lien legislation – HB 669

  • Increase penalties for theft of precious metals – HB 348


2011

 

  • Alternative Delivery consolidation bill – HB 628

  • School background checks technical correction – HB 398/SB 1042

  • Retainage on construction projects – HB 1390

  • Public Private Partnerships – SB 1048

  • Consolidate Insurance Programs/Indemnification amendment – HB 2093

  • Use of school funds to build hotels – SB 764


2013

 

  • Franchise Tax - "Cost of Goods Sold" - Rule 3.588

  • State Breach of Contract - HB 586 by Representative Workman

  • Employee Misclassification - HB 2015 by Representative John Davis

  • Cooperative Purchasing Networks - HB 1050 by Representative Callegari
     

 

2015

 

  • $3 billion of higher ed construction projects – HB 100
     

  • $2 billion of state commercial construction projects in addition to the higher ed work – SB 2004
     

  • Construction Manager at Risk clarification of use of governmental entity’s use of architect or engineer – HB 2634
     

  • P3’s establishes Center for Alternative Finance & Procurement – HB 2475
     

  • Franchise Tax - across-the-board 25% business tax cut – HB 32
     

  • Construction of big data centers in Texas luring away from other states – HB 2712
     

  • Protecting contractors from condo defects liability, requiring notice and right to cure – HB 1455
     

  • Comptroller Glenn Hegar appointed AGC-TBB General Counsel Corbin Van Arsdale to represent the commercial construction industry on taxation on the Comptroller’s newly-created Business Advisory Group.
     

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