May 17 , 2019

Inside this edition of Capitol Roundup:

Bills on the Move:

10 days until the end of session

Several AGC-TBB bills remain active as five key bills see action this week

***
 
Please feel free to forward this information to others and reply by email with any changes or additions you'd like to see.
Archives

Click here  to access past editions of Capitol Roundup.
::
::
AGC Texas Chapters






Quote of the Week

"We're officially changing hump day to hemp day."

-Sen. Charles Perry
Sen. Perry (R-Lubbock)  made the joke to senators on Wednesday as he presented House Bill 1325, which would make industrial hemp farming legal in Texas. The Senate unanimously approved the bill, which passed the House last month. 
As session winds down, AGC-TBB sees movement on major bills 

With just 10 days left until the 86th Texas legislature adjourns, lawmakers are rushing to advance as many bills as possible before some upcoming key deadlines.

As we continue to advance our agenda for the construction industry, AGC Texas Building Branch has several key bills remaining active in the legislative process. We have seen movement on five of those bills this week, and below is an update on their status in the Legislature. 

But first, a look at major deadlines facing lawmakers before the end of session...

Friday, May 17 - Last day for House to consider local House bills on second and third reading.
Tuesday, May 21 - Last day for House to consider second reading Senate bills on daily or supplemental calendar.
Wednesday, May 22 - Last day for House to consider local and consent Senate bills on second and third reading and ALL third reading Senate bills on supplemental calendar.
Friday, May 24 - Last day for House to act on Senate amendments. 
Sunday, May 26 - Last day for House to adopt conference committee reports or discharge House conferees and concur in Senate amendments.
Monday, May 27 - Final day of session. 

Latest Action on AGC-TBB Bills

House Bill 1734 by Rep. Holland and Sen. Lucio. 

Latest Action - This bill passed on final reading in the Senate on Thursday by a 31-0 vote with one floor amendment made by Sen. Taylor. The bill  will likely head to conference committee where stakeholders can consider the amendment. The bill passed the House 111-30 last month. 

The Bill in Brief - HB 1734 would require school districts to spend funds awarded from a verdict or settlement regarding construction to repair those defects. The bill also requires the districts to notify the Texas Education Agency (TEA) of the suit once it has been filed or face dismissal, and they would need to itemize any repairs made to the agency. The amendment by Sen. Taylor  added information that the district must report to TEA along with the petition. The bill gives the Attorney General enforcement authority. Click here to read the full text of the bill. 

House Bill 1185 by Rep. Cyrier and Sen. Hughes

Latest Action - On Wednesday, the bill was referred to the Senate State Affairs Committee where it received a hearing today and awaits a vote. The bill passed the House last week 122-13. 

The Bill in Brief - HB 1185 allows for recovery of attorney's fees in lawsuits against state agencies for breach of contract when the amount in controversy exceeds $250,000. Specifically, the bill changes current law to allow recovery of attorney's fees that are "equitable and just," removing limitations that make recovery problematic in certain civil cases. Click here to read the full text of the bill. 
 
House Bill 1999 by Rep. Leach and Sen. Creighton

Latest Action - On Monday, the bill received a hearing in the Senate State Affairs Committee on Monday and passed on a 9-0 vote. It has been recommended for the Senate local and consent calendar. The bill passed the House last month 99-34

The Bill in Brief - HB 1999  would allow those involved in  designing or constructing a public, commercial building a chance to inspect and repair alleged defects before being sued. The measure also provides that a licensed engineer complete an inspection and provide a report. The bill does not remove the right for anyone to file litigation. Click here to read the full text of the bill.

Senate Bill 1297 by Sen. Powell and Rep. Eddie Lucio III 

Latest Action - On Friday, the bill arrived in the House Calendars Committee, where it awaits scheduling for a full House vote. The House is expected to set votes for Monday and Tuesday. The Bill unanimously passed the Senate last month and passed the House Education Committee 11-0.

The Bill in Brief - SB 1297  would allow state school districts to utilize the same uniform general conditions adopted by the Texas Facilities Commission, which adopts a set of UCG's developed every five years by a statutory workgroup. These provisions set general working conditions to be applied to all state building construction contracts.  The bill would take take the  UGCs adopted by the commission and use them as a starting point for the Texas Education Agency (TEA) to collaboratively develop a set of UGCs that school districts could incorporate into public school construction project contracts. Click here to read the full text of the bill. 
 
Limits on Contingency Lawyers for Defects Cases 
House Bill 2826 by Rep. Greg Bonnen and Sen. Huffman

Latest Action - On Monday, the bill received a hearing in the Senate State Affairs Committee on Monday and passed on a 9-0 vote. It has been recommended for the Senate local and consent calendar. The bill passed the House last month 103-39. 

The Bill in Brief - HB 2826  would  require political subdivisions entering into contingency fee agreements for legal services to approve the contract in an open meeting that discusses the need for obtaining the service, the terms of the contract, and qualifications of the attorney or firm, and the reasons the contract is in the best interests of the residents of the political subdivision.  The bill also subjects a political subdivision's written findings in approving the contract and the contract itself to public disclosure laws, and the bill requires that the contract be submitted to the Attorney General's Office for approval. If the political subdivision fails to comply with the bill's public notice and hearing requirements, the Attorney General may refuse to approve the contract.  Click here to read the full text of the bill. 
   
May 2019
MON 27th - Last Day of 86th Legislature
 
June 2019
WED 5th - SAT 8th - Convention @ Jackson Hole, WY
 
August 2019
THU 22nd - OCA awards @ Georgetown, TX
FRI 23rd - Board meeting
 
November 2019
FRI 15th - Board meeting