88th Legislative Session Recap
The voice of the Merit Shop
in Texas.
Every odd numbered year, the Texas Legislature gathers in Austin to work on thousands of bills for 140 days. ABC Texas is there each and every day to represent the commercial and industrial construction industry and work to pass legislation that supports the Merit Shop and eliminate legislation that would negatively affect our industry. The 88th Legislative Session was no different and out of the over 8,000 bills filed, ABC Texas monitored close to 1,000 of them, in addition to working to pass our own legislative priorities.
ABC Texas
88th Legislative Session Priorities
Our priorities are determined through a collaborative process that involves listening to the ideas and experiences of our members. Our legislative task force and board of directors then transform these insights into actionable priorities, which go beyond simply taking a position on bills. This approach ensures that our organization's focus aligns with the collective aspirations of our membership and the construction industry.
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Rep. Dustin Burrows (HD-83) | Sen. Brandon Creighton (SD-4)
PASSED - Effective September 1, 2023
View Legislation
Brought regulatory uniformity and consistency to the state of Texas while asserting Texas' authority by prohibiting cities from adopting ordinances, resolutions, orders, or policies on certain matters.
-Establishes a more streamlined and efficient regulatory framework by promoting consistency across municipalities in Texas.
-Recognizes and provides support for unique challenges faced by small businesses.
-Creates a more business-friendly environment by reducing regulatory burdens, enhancing clarity, and fostering consistency in regulatory practices across the state.
-Allows for private entities (including associations) to bring a private cause of action against a municipality for an ordinance in violation of the law. -
Rep. Cody Vasut (HD-25) | Sen. Brandon Creighton (SD-4)
PASSED - Effective September 1, 2023
Defined statute to clearly state that Chapter 2272 of the Right to Repair Statute cannot be waived by contract.
-Lowered number of frivolous lawsuits happening after school bond projects were completed by allowing the opportunity for any potential defects to be remedied.
-Protects general contractors by disallowing governmental entities from circumventing this chapter by requiring the waiver of this statute in contracts.
-Promotes transparency and accountability in government projects by upholding the principles and objectives of the Right to Repair Statute. -
Rep. Jeff Leach (HD-67) | Sen. Bryan Hughes (SD-1)
Passed the Texas House. Died in Texas Senate on Calendar
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Prohibits Contractual language forbidding or limiting compensable damages for delays caused soley by the owner or its agent.
-Protects general contractors from being held financially responsible for delays caused soley by the property owner or their representative. -
Rep. Shelby Slawson (HD-59) | Sen. Bryan Hughes (SD-1)
Passed the Texas House. Died in Texas Senate in Committee
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Allows for the trust fund claim to be re-assigned to another party to the construction contract.
-Empowers general contractors and subcontractors by making the trust fund claim re-assignable and enhances legal remedies by allowing them to pursue individuals who have stolen money from projects. -
Rep. Cecil Bell (HD-3)
Died in House Committee on Licensing and Administrative Procedures
Would have declared International Plumbing Code as the sole plumbing code in Texas.
-Reduced confusion among contractors, builders, and regulatory authorities by consolidating the plumbing code under one code (the International Plumbing Code).
-Saved on costs that come from the use of multiple plumbing codes.
-Enhanced efficiency in the construction process by establishing a clear and consistent set of regulations to follow as less than a dozen municipalities utilize the alternative, the Uniform Plumbing Code. -
Rep. Gervin-Hawkins (HD-120)
Died in House Committee on County Affairs
Increased the limit for change orders on government projects that required approval from the governing body.
-Increased current contract limit from $1 million to $5 million in recognition of inflation and labor challenges.
-Reduces administrative burden and delays by eliminating the need for repeated notices for public meetings and approvals by the governing body for contracts exceeding the change order limit. -
Rep. Geanie Morrison (HD-30)
Died in House Committee on State Affairs
View Legislation
Clarifies the use of acceptable alternatives to determine the prevailing wage of public projects.
-Allows for general contractors to utilize regional surveys from the Texas Workforce Commission in determining a prevailing wage.
-Applies to counties with populations of less than 1,000,000. -
Rep. Briscoe Cain (HD-128)
Addressed through HB 2127
Asserts the state's authority in matters involving an alleged wage theft by pre-empting any local ordinance or enforcement of any local ordinance regarding wage theft.
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Sen. Kelly Hancock (HD-9)
Passed the Texas Senate. Died on Texas House Floor
Expanded current statute to include a prohibition on the use of Project Labor Agreements (PLAs) on projects that receive funding from local government entities and expanded prohibition to include projects that receive local funding.
-Promotes equal opportunity for all contractors by ensuring they all have the same opportunity to participate in the bidding process, regardless of labor affiliation.
All priority bills advocated by ABC Texas that did not pass this session will be given priority in the upcoming 89th legislative session in 2025. We remain committed to advancing these critical initiatives and will actively work toward their successful passage, ensuring that the interests and concerns of our members are effectively addressed in the legislative process.
ABC Texas Eagle Awards
At the end of every legislative session, the Board of Directors for ABC Texas recognize certain legislators who supported our priorities or went above and beyond on a specific issue. There are two award categories:
Free Enterprise Champion-Recognizes legislators who went above and beyond to defend the merit-shop construction industry and Free Enterprise. This award is limited to no more than two Senators and no more than three House members.
Legislative Champion-Recognizes legislators who supported our priorities and worked with us on improving legislation . There is no limit on the number of awards.
88th Legislative Session
Free Enterprise Champions
Senator Bryan Hughes
Senator Brandon Creighton
Representative Dustin Burrows
Representative Cody Vasut
Representative Todd Hunter
88th Legislative Session
Champions
TEXAS HOUSE
Rep. Cecil Bell
Rep. Keith Bell
Rep. Briscoe Cain
Rep. Terry Canales
Rep. Mark Dorazio
Rep. Harold Dutton
Rep. Barbara Gervin-Hawkins
Rep. Craig Goldman
Rep. Ryan Guillen
Rep. Sam Harless
Rep. Caroline Harris
Rep. Cole Hefner
Rep. Justin Holland
Rep. Carrie Isaac
Rep. Jeff Leach
Rep. Geanie Morrison
Rep. Andrew Murr
Rep. Jared Patterson
Rep. Richard Raymond
Rep. Shelby Slawson
Rep. John Smithee
Rep. Ellen Troxclair
TEXAS SENATE
Sen. Carol Alvarado
Sen. Paul Bettencourt
Sen. Kelly Hancock
Sen. Phil King
Sen. Mayes Middleton
Sen. Lois Kolkhorst
Sen. Judith Zaffirini
Sen. Pete Flores
Sen. Kevin Sparks