TGA GLASS-CONFERENCE II
May 17, 2019
8:00 am - 3:45 pm

McLane Stadium - The Baylor Club
Waco, TX

 

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 Texas Construction Association Legislative Update:  

 

Texas Legislative News

 
The Legislature is in full swing.  There are a lot of committee hearings with 20 or more bills on the agenda.  Bills are moving out of committees and on to the floor.  If you are interested in the House and Senate daily calendars, they can be reached here and here.

TCA Priority Legislation 

SB 15 by Creighton -- Consistent Employment Regulations – This bill is currently stalled in the Senate.  During the committee process, amendments were made to the bill to expand the applicability to virtually all public entities, to more specifically describe the prohibited regulations or policies, and to specifically add criminal background checks to the items that cannot be addressed by a local ordinance or policy.  The committee amendments also removed the express exemption for nondiscrimination ordinances.  It is this last change that has drawn opposition from some Chambers of Commerce.  TCA is working with our partners at ASSET and various Senate offices to try to address concerns about the Senate amendments (legal experts have stated that this change does not actually change anything).  In the meantime, TCA fully supports the companion bill, HB 1654.

HB 2901 by Leach – Defective Design – This bill was heard in the House Judiciary & Civil Jurisprudence Committee on Monday, March 18th.  TCA’s position was well represented by several witnesses.  Thank you to Carmen Smith with NTD Mechanical for coming to Austin to testify and share her story with the Committee.  We have received a lot of positive feedback.  In addition to TCA, the bill was supported by AGC-Building Branch, ABC, and Zachry Construction.  Opponents included school districts, architects and engineers.  The Texas Civil Justice League testified “on” the bill; their witness stated that they have members on both sides of the issue.  Chairman Leach has tasked all of the parties to get together and try to negotiate a solution.  TCA will play a central role in the negotiations. 

HB 790 by Davis, Sarah -- Recovery of Attorney’s Fees in Civil Cases – This bill was heard in the House Judiciary & Civil Jurisprudence Committee on Monday, March 18th.  Two attorneys testified in support of the bill and on behalf of the construction industry, Sean Rooney for TCA and NACM, and Ben Wescott for ABC of Texas.  There was a committee amendment to remove local governmental entities – the bill still applies to the state and state agencies.  The bill was left pending in Committee.  It is expected to be voted out on Monday, March 25th

 TCA-Priority Legislation

 HB 589 by Deshotel, Leach and Anderson – Lien Modernization – This bill has been referred to the House Business & Industry Committee chaired by Rep. Trey Martinez Fischer.  A hearing request is pending.  Watch out for a TCA ACTION ALERT if this bill is set for hearing.

HB 1999 by Leach – Right to Repair for Public Projects – This bill was heard in Committee on March 11, 2019 and was left pending.  TCA is working with other interested parties on a proposed committee substitute. 

HB 1737 by Holland – Statute of Repose -- This bill was heard in Committee on March 11, 2019 and was left pending.

Non-TCA Endorsed Legislation

HB 3498 by Burrows – Pro-Owner Lien Bill  – House Bill 3798 amends Chapter 53, Property Code, to repeal statutory retainage and reduce funds trapping notices to one notice.  On the other hand, it also limits owner liability, creates a mandatory retainage notice form, dilutes lien release protections for contractors, and eliminates contractor ability to appeal a ruling of an invalid lien.  Watch out for a TCA ACTION ALERT if this bill is set for hearing.

  • ·        TCA is working with proponents of the bill and the author’s office to address subcontractor concerns.
  • ·        As of now, TCA remains opposed to the bill.

 HB 1918 by Murphy/SB 845 by Hughes – Discharge of Mechanic’s Liens by Surety – This bill seeks to clarify that when a claim is made on a bond, not only is the mechanic’s lien discharged, but the owner is released from all liability.  The bill includes several other provisions that go beyond the basic premise of the bill.  TCA is working with proponents of the bill, as well as the authors’ offices to ensure that subcontractor concerns are addressed.  Watch out for a TCA ACTION ALERT if this bill is set for hearing.

  • ·        HB 1918 has been referred to the House Business & Industry Committee.
  • ·        SB 845 has been referred to the Senate Business & Commerce Committee.
  • ·        As of now, TCA opposes these bills.

 HB 2826 by Bonnen/SB 28 by Huffman – Local Government Procurement of Contingency Fee Contract for Legal Services – House Bill 2826 expands current parameters for contingency fee contracts with the state to include local governmental entities (e.g. counties, municipalities, school districts).  It also adds in a requirement that such contracts must be pre-approved by the Attorney General.  Proponents include Texans for Lawsuit Reform.  Arguments in support cite recent uptick in construction defect litigation filed by schools.

  • ·        HB 2826 has been referred to the House Judiciary & Civil Jurisprudence Committee.
  • ·        SB 28 has been referred to the Senate State Affairs Committee.
  • ·        Two related bills have been filed requiring pre-approval of contingency fee contracts by water districts.  HB 2003 by Leach has been referred to the House Judiciary & Civil Jurisprudence Committee; SB 970 has been referred to the Senate Rural & Water Affairs Committee.

 Below is a link to the bill text.
 https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=86R&Bill=HB589

 Please contact Jennifer Fagan at the TCA office if you have any questions, or by email at [email protected]

READ MORE LEGISLATIVE ISSUES FOR 2019



 TGA MISSION The mission of the Texas Glass Association is to serve the needs of owners, operators and employees of independent glass companies, engage in enhancing services and products offered to the general public, and to further the advancement of the glass industry in Texas and the United States.