Texas Legislative News & ACTION ALERT

As mentioned before, things move very fast during the last few weeks of a session, so quick action is an absolute necessity.  I renew my pleas - GET INVOLVED and please ACT QUICKLY!

TCA Legislation Update

Consistent Employment Regulations - All four of Sen. Creighton's bills (SB 2485, SB 2486, SB 2487, and SB 2488) were heard in the House State Affairs Committee on May 1st.  SB 2485, SB 2487 and SB 2488 were left pending; however, the Committee voted out SB 2486, relating to predictive scheduling, with an amendment adding in a provision clarifying that municipal non-discrimination ordinances are not impacted by the bill.  TCA and ASSET are working to keep all four of the bills moving through the process.  Things are moving quickly, so if you have not already contacted your Representative to urge them to support all four of these bills, please do so TODAY! 

HB 790 by Davis, S - Attorney's Fees Loophole.  HB 790 is still pending referral to a Senate Committee.  As you recall, this bill closes the loophole in the Civil Practices & Remedies Code that prevents recovery of attorney's fees from limited liability companies.  The bill also adds in the state, or a state agency or institution of the state. 

HB 1999 by Leach - Right to Repair for Public Projects - HB 1999 was referred to the Senate State Affairs Committee.  TCA is working with the appropriate parties to add a clarifying amendment in the Senate.

HB 1734 by Holland - School District Construction Defect Litigation - HB 1734 was voted out of the Senate Education Committee on May 7th.  This bill addresses the construction defect litigation by school districts.  It restricts the purposes for which a school district can use funds gained through construction defect litigation and broadens accountability and reporting requirements with the Texas Education Agency.  TCA will continue to work with other proponents of the bill such as, TLR, TCJL, AGC-BB and ABC to advocate for final passage.

HB 2899 by Leach - Design Defects for Transportation Projects - HB 2899 limits liability for contractors on transportation projects to construction defects only; contractors are not responsible for design defects or defects in specifications for the project.  HB 2899 was heard in the Senate Transportation Committee on May 8th.  There was no opposition testimony and it is expected to be voted out soon.Finally, thank you to everyone who reached out to their Representative last week. Unfortunately, the following TCA-supported bills did not make it on to the last House calendars: HB 2901 by Leach - Defective Design; HB 2268 by Thompson - Incorporation by Reference; and HB 1737 by Holland - Statute of Repose. We will continue to look for amendment vehicles and begin considering possible interim study options on these issues.

As always, if you have questions, please consult our website: or email me at

DFW and Texas Construction News

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TCA PAC has released their primary candidate endorsements. Early voting begins February 20 and ends March 2, 2018 and the Primary Election will take place on Tuesday, March 6, 2018.

Learn more about the AVOID/DENY/DEFEND program developed Advanced Law Enforcement Rapid Response Training (ALERRT)™ Program at Texas State University.