Signed Into Law...
School background checks for contractors
- HB 3270 by Bohac/Larry Taylor (AGC-TBB bill)
Attorney's fees for state breach of contract
(sovereign immunity) for amounts in controversy less than $250,000 - HB 2121 by Cyrier/Hughes (AGC-TBB bill)
Right to repair ADA defects (60 day period) - HB 1463 by Smithee/Seliger
E-Verify For TxDOT (SB 312 - section 24 by Nichols/Larry Gonzales) and Railroad Commission (HB 1818 - section 6 by Larry Gonzales/Van Taylor), passed via House floor amendments to sunset bills-applicable to all general contractors and subcontractors.
Non-Texas venue/choice of law contractual provisions voidable for construction projects in Texas - SB 807 by Creighton/Workman
Ban on state requiring A/E to indemnify or defend state's negligence - HB 3021 by Phelan/Hughes
Ban on local government's fees on new construction to subsidize affordable housing ("linkage fees") - HB 1449 by Simmons/Nelson
Expanding captive insurance - HB 1187 by Capriglione/Nelson - authorizes provision of credit life and credit disability insurance
Ban on project labor agreements - SB 452 by Hancock/Parker - Passed Senate 20-11, died in House Calendars (ABC bill)
Attorney's fees for state breach of contract
(sovereign immunity) for amounts in controversy
$250,000 including oral directives
- HB 2128 by Cyrier/Hughes. Passed House 143-0. Died in Senate State Affairs.
Also amended by Rep. Cyrier onto a state contracting bill (SB 533 by Nelson/Geren) on the House floor and passed the House 139-0, but was stripped in conference committee in the last three days of session. Maybe caught up in TxDOT, eminent domain, aggregate co-op purchasing crossfire. (AGC-TBB bill)
Other recovery of attorney's fees for state breach of contract bills:
- CPRC § 38.001 - HB 744 by Farrar (Meyer floor amendment) - Passed House 103-45. Died in Senate.
- CPRC § 38.001 - HB 2457 by Meyer - Passed House Civil Jurisprudence 7-0. Died in House Calendars.
- Recovery for frivolous state suits - SB 813 by Hughes/Meyer - PASSED, BUT VETOED
Right to repair commercial construction defects
- HB 2343 by Workman. Passed House Business & Industry 7-0. Set on House Calendar but died due to chubbing until the deadline. Re-emerged as a draft floor amendment to SB 1215 but was negotiated out of the bill, which was vetoed anyway. Candidate for interim study. (AGC-TBB bill)
Contractors not liable for design defects
- SB 1215 by Hughes/Shine. Passed Senate 29-2. Created a firestorm in House involving 20+ groups. Then passed House as a negotiated interim, joint select committee on all construction liability issues. PASSED, BUT VETOED (TCA bill)
Uniform general conditions (UGCs) for school construction projects
- HB 3434 by Koop. Passed House Public Ed 11-0. Set on House Calendar but died due to chubbing until the deadline. (AGC-TBB bill)
Adopting prevailing wage studies
- HB 2689 by Murphy/Hughes. Never received a hearing. Problems with unions' concerns over amendments should the prevailing wage issue reach the Floor and with large government entities adopting small government entities' studies. (AGC-TBB bill)
Worker misclassification on public works projects
- HB 3357 by Romero. Passed House Business & Industry 6-0. Died in House Calendars. (AGC-TBB bill)
Lien law modernization
- HB 3065 by Deshotel/Hinojosa - passed House Business & Industry 7-0, died in House Calendars (AGC-TBB, ABC, TCA bill)
Statute of repose
(reduction to 7 yrs) - HB 1043 by Meyer. Died in House Civil Jurisprudence committee after being on the chair's "vote out" list. Author had all 9 committee members as committed "yes" votes.
E-verify for all state contracts
- SB 23 by Schwertner (no House companion. Rep. Geren picked up). On of Lt. Gov. Patrick's Top-30 priorities. Applied only to general contractors, not subs/suppliers. Passed Senate early, but died in House.
Abuses in the areas of (1) school construction defects, (2) purchasing co-ops, (3) alternative delivery procurement, and (4) economic development corporations procurement
- HB 3040 by Cyrier/Larry Taylor - odd referral (House Appropriations) and no hearing (AGC-TBB, Engineers, Architects bill)
Standalone EDC procurement abuse bill
- HB 622 by Leach - Died in committee
Many construction issues popped up early in the Session but fizzled before gaining traction, many due to AGC-TBB's opposition:
- expanding permissible uses of job order contracting (JOC)
- expanding sovereign immunity
- expanding procurements via purchasing co-ops
A whole slew of workforce education/vocational bills were signed into law dealing with the intersection of high school, JUCO, and higher education relating to vocational coursework, credits, and funding. SB 22 (Larry Taylor), SB 634 (Estes), SB 2105 (Miles), HB 108 (Alvarado), HB 136 (Bell), HB 639 (Doc Anderson), HB 2431 (Deshotel), HB 2994 (Ashby), HB 3349 (Gervin-Hawkins).
Workforce: plumbers - HB 3049by Guillen/Creighton - Incentivizes high school students to obtain plumber's license by crediting up to 250 hours thru coursework
Workforce: AC/fridge contracting and certification - HB 3029 by Frullo/Whitmire - eases entry to trade by applying classroom coursework hours to certification
New "Industrial electrician" license with different reqts - HB 1698 by Kuempel/Estes
Ban on local fees on electricians - HB 3329 by Paddie/Campbell
Requires state employee contract purchasing/procurement training - SB 255 by Zaffirini/Simmons
Cleanup of 2015 state contracting reform bill from 2015 (SB 20) - SB 533 by Nelson/Geren
Preference for American iron and steel in all state and local construction contracts - SB 1289 by Creighton/Paddie - lots of loopholes (availability, quantities, quality, "public interest", 20+% cost savings, electrical components, international agreements)
Omnibus licensing regs reduction - SB 2065 by Hancock/Kuempel - eliminates some regulations regarding construction of cosmetology buildings/facilities, "temporary common workers"
New statewide laws of interest
Ban on sanctuary cities (police can check immigration status on arrest or detention) - SB 4 by Perry/Geren - tied up in federal courts after being signed by Abbott
Ban on local Uber/Lyft regs - HB 100 by Paddie/Schwertner
Ban on texting while driving - HB 62 by Craddick/Zaffirini
Straight-ticket ban re: political parties (effective 2020 election) - HB 25 by Simmons/Hancock
Require photo ID to vote (previously struck down by court) - SB 5 by Huffman/Phil King
Driverless cars authorized on roads - SB 2205 by Hancock/Geren
Hail litigation reform (TLR bill) - HB 1774 by Bonnen/Hancock
Telemedicine authorization - SB 1107 by Schwertner/Price
Dallas, Houston pension deals - HB 3158 by Flynn/West, SB 2190 by Huffman/Flynn
Content and ordering of ballot propositions (state's go first and use numbers, local's go second and use letters) - SB 957 by Campbell/Laubenberg
Vouchers, school finance - failed to pass. Senate pushed vouchers. House pushed school finance. Round 2 in special session.