Issues
Associated Builders and Contractors of Texas has enjoyed much success the last few legislative sessions under the expertise of the Texas Lobby Group. Mike Toomey continues to be our lead lobbyist, but we have recently acted to strengthen our state advocacy efforts by adding a full-time State President-Jon Fisher. ABC of Texas has selected and prioritized 8 issues for the 81st Texas Legislature and adopted the positions listed below. It is our hope to continue to create a friendlier business environment for contractors all over Texas by stressing free enterprise principles and the merit shop philosophy.
ABC of Texas Priority Legislative Issues - 2009 Positions
- Immigration - ABC of Texas believes that illegal immigration is a federal issue and should be addressed at the national level. If Texas chooses to impose requirements upon its contractors or any other employers, those requirements should only sanction employers who knowingly hire illegal aliens.
- Contractor Licensing - ABC of Texas believes that contractor licensing would create an unnecessary bureaucracy and serve as a barrier to free enterprise. ABC of Texas believes that whether it is called licensing or "registration," it still has the same effect. Further, ABC of Texas believes that creating a new bureaucracy to distribute money in the name of "workforce development" is an ill-conceived attempt to use favorable terms to justify an unnecessary licensing program. In order to address workforce development, ABC of Texas believes that government needs to get smarter, not bigger.
- Alternate Delivery Systems - ABC of Texas believes that it is good public policy to provide uniformity in the way political subdivisions advertise and award contracts using alternatives to lowest bid. The process used by a political subdivision must be fair, consistent and open. A level playing field for all those submitting bids will result in the best possible outcomes for all involved and protects our free enterprise system.
- Indemnification/Workers' Compensation/Third Party Liability - ABC of Texas believes that recent court decisions upholding the principle of "statutory employer" are in the best interests of the state and the free enterprise system. ABC of Texas believes that where a worker is covered by Workers' Compensation, that Workers' Compensation should be the sole remedy. We will only support legislation banning "Broad Form Indemnity Agreements" if Workers' Compensation is the sole remedy for injury related claims and third-party over claims are prohibited.
- Trust Funds - Generally, payments made to subcontractor within 90 days of a debtor's bankruptcy filing are subject to a preference action. The preference action seeks to require the subcontractor to return those payments to the bankruptcy estate. ABC of Texas believes that the law should be changed to make clear that because these payments were trust funds, these payments were never the property of the bankruptcy estate and should not be required to be returned.
- Prevailing Wage - ABC of Texas strongly supports legislative and regulatory efforts designed to limit the negative effects of the Texas prevailing wage law. In the new competitive global economy, it is essential to allow the free market system to determine wages.
- Trades Legislation - ABC of Texas believes that government already regulates too many activities. ABC of Texas believes that new proposals to regulate trades or activities generally focus on meeting licensing or paperwork requirements and deal very little with requiring a level of proficiency or performance. Most are intended to limit access to that trade or activity, and these proposals would create an unnecessary barrier to free enterprise and are contrary to the public interest.
Senate and House Web sites
National Issues
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