For the first time in at least six legislative sessions, all AGC Texas Building Branch bills have been voted out of their assigned committees. Having passed that primary hurdle, these bills become closer to passage by the full House and full Senate bodies.
Right to Repair / School Construction Defect bills scheduled for vote by the full House next week
Two bills in particular - House Bill 1734 and House Bill 1999 - are close to reaching a second milestone in the legislative process. After advancing from the House Judiciary and Civil Jurisprudence Committee, these two key pieces of legislation have been scheduled for a vote on the House floor next week.
We will be contacting everyone in the AGC family on Monday, April 22, with details on contacting your chapter's House members to relay the message that we need their votes to pass these two bills.
Bills on the move: Statute of Repose / Uniform General Conditions / Breach of Contract Attorney's Fees
Several other major AGC-TBB bills gained positive ground this week as well. Perhaps most significantly, one of our bills, HB 1737, which would reduce the time owners have to sue contractors (known as the "statute of repose" period) from 10 to 7 years, passed out of committee this week. This is the first time a bill lowering the statute of repose has advanced from the committee stage.
Another major bill would
require the Texas Education Agency to create uniform general conditions (UGCs) for ISD building contracts (modeled on State's UGCs). That measure - HB 1416 - got the thumbs up from the House Public Education Committee yesterday. Also receiving approval this week was HB 1185, which provides for recovery of attorney's fees for state breach of contract when the amount in controversy exceeds $250,000.
$3.8 Billion in Higher Ed Construction Contracts
Finally, another win for the contracting industry came in the form of $3.8 billion in new tuition revenue bond (TRB) spending for higher education construction contracts. The measure, HB 2000, gained approval from the full House this week and awaits referral to a Senate committee.
2019 Legislative Update
Here's an update on the position of major AGC-TBB bills along with legislation strongly supported by AGC-TBB:
AGC-TBB Major Bills Scheduled for House Vote
School Construction Defects
*HB 1734 passed committee by 6-2 vote*
*Scheduled for House floor vote April 23*
Right to Repair
HB 1999 by Jeff Leach (no Senate companion bill)
*HB 1999 passed committee by 7-2 vote*
*Scheduled for House floor vote April 24*
AGC-TBB Major Bills Passed House Committee(awaiting placement on House Calendar)
Statute of Repose
HB 1737 by Justin Holland (no Senate companion bill)
*Passed committee by 5-4 vote*
Uniform General Conditions (K-12 Contracts)
*HB 1416 passed committee by 11-1 vote*
*SB 1297 last heard in committee April 16*
Attorney's Fees for State Breach of Contract
*HB 1185 passed committee by 8-0 vote*
AGC-TBB Supported Bills
Higher Education Tuition Revenue Bonds
*HB 2000 passed House committee by 9-1 vote*
*Passed full House by 132-9 vote*
Attorney's Fees for All Breaches of Contract (including governments and partnerships)
HB 790 by Sarah Davis (no Senate companion bill)
*Passed House committee 9-0 by vote*
*Scheduled for House floor vote April 24*
Contractors Not Liable for Design Defects
HB 2901 by Jeff Leach (no Senate companion bill)
*Passed House committee by 6-3 vote*
Contractors Not Liable for Road Project Defects
*HB 2899 passed House committee by 6-1 vote*
TLR Bill on Hiring Contingency Plaintiffs Lawyers for Defects Cases
*HB 2826 passed House committee by 5-4 vote*
Local Preemption Bills
(Paid sick leave)
SB 2485 by Brandon Creighton (employee benefits)
*Passed committee 7-0; Passed Senate 18-12*
SB 2486 by Creighton (scheduling and overtime)
*Passed committee 7-0; Passed Senate 20-11*
*Passed committee 7-0; Passed Senate 18-12*
SB 2488
by Creighton (criminal history)
*Passed committee 7-0; Passed Senate 19-12*