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May 17, 2021 Update on Bills Being Tracked by TCA  (Texas Construction Association) and ASA of TX

Legislative Activity This Week  (updated May 17, 2021)

Sovereign Immunity – HB 586 by Representative Paul Workman (R-Austin) was passed by Senate State Affairs Committee by a vote of 7-0 on Thursday, May 16.  The bill now goes to the full Senate for its consideration.  The bill must be passed by midnight, Wednesday, May 22 to meet the Senate deadline for passing House bills.  This legislation is similar to the bill filed in 2011 by Representative Workman that would waive the state’s immunity in construction contract disputes.

Career and Technical Education Programs in Public Schools – HB 5 by Rep. Jimmie Don Aycock (R-Killeen) is now in a conference committee of House and Senate members to work out the differences in the House and Senate versions of the bill. This bill would provide curriculum flexibility in high school graduation requirements which, in part, would pave the way for career and technical education programs in the state’s public schools to train and prepare students for various certifications and careers in the different segments of the construction industry as well as in other Texas industries.

Status of TCA High Priority Legislation

Retainage Trust Fund – HB 3316 by Representative Jim Keffer (R-Eastland) died on the House floor on Thursday, May 9.  It is no longer eligible for further consideration.

Worker Classification – HB 1925 by Representative John Davis (R-Houston) died in the House Calendars Committee by House rules.  SB 676 by Senator John Carona (R-Dallas) died by Senate rules in the Senate Business & Economic Development Committee.

Lender Notice – HB 2180 by Representative Cecil Bell, Jr. (R-Magnolia) died in the House Business & Industry Committee by House rules, and SB 295 by Senator Bob Deuell (R-Greenville) remains in the Senate Business & Commerce Committee.

Lien Law Reform – SB 1281 by Senator José Rodríguez (D-El Paso) is in the Senate Business & Commerce Committee.  HB 3553 by Representative René Oliveira (D-Brownsville) died in the House Business & Industry Committee by House rules. 

Status of Other Construction-Related Legislation

SB 438 by Senator Brian Birdwell (R-Granbury) was heard in the House Government Efficiency & Reform Committee and voted out of the committee on Wednesday, May 16.  The legislation is now in the House Calendars Committee awaiting placement on the House Calendar.  Under House rules, SB 438 must be finally passed by the full House on Wednesday, May 22.  The House companion bill was HB 123 by Representative Charles “Doc” Anderson (R-Waco), which died under House rules this past week.  This legislation states that an interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase roofing materials or services from a person who provided consulting services to the cooperative for development of the RFP. This will require cooperatives to consult a third party when seeking consultation on a bidding process, and ensure competitiveness.

HB 1050 by Representative Bill Callegari (R-Katy) was heard and voted out of the Senate State Affairs Committee on Thursday, May 16.  The bill now goes to the full Senate where it must meet the May 22 deadline for final passage.  The purpose of this bill is to make minor adjustments to the law passed in 2011 dealing with alternative project delivery methods.