ABC Texas Testimony on HB 5201
Testimony of Ana Grace Husted, Director of Advocacy and Outreach,
Associated Builders and Contractors of Texas, before the Texas State House of Representatives Committee on Public Education
Chairman Buckley and Members,
My name is Ana Grace Husted, and I’m here on behalf of ABC Texas on HB 5201. We are in support of the goal that the legislation is seeking to achieve, but believe that additional changes are necessary to improve the bill. We have been in contact with Representative Lopez and hope to support new language that includes our feedback.
ABC Texas is comprised of commercial and industrial contractors from across the state, and our members regularly work on public K-12 projects. On those jobs, we’re already required to carry performance and payment bonds — and we believe those overseeing the projects, in a program management role, should be held to similar standards. It’s a matter of fairness, accountability, and basic public protection.
As part of our feedback, we are recommending a new definition for this section that includes a definition for a “program manager”. This definition will align with what happens in practice and provide needed clarity to assist with implementation. But the goal remains: making sure anyone overseeing or managing construction for a school district is qualified, bonded, and held accountable — just like the contractors they supervise.
We’ve seen firsthand how gaps in project oversight can lead to serious delays and litigation. A clear example is a school project in San Benito CISD, where poor management around the natatorium resulted in years of legal disputes and unresolved construction issues. This bill would help prevent those situations by ensuring that anyone overseeing public projects — whether they’re called “project managers,” “program managers,” or something else — must meet a professional standard. We recommend codifying a definition of “program manager” as any third-party individual or firm who is overseeing, coordinating, or acting as liaison between the district and contractors. By requiring proper credentials, documentation, or licensing for those roles, we can ensure clear expectations, accountability, and protect school districts from costly mismanagement and future litigation.
In areas where school districts may be especially prone to litigation, like San Benito, this bill offers a layer of protection not only for taxpayers but for the school itself — shielding them from unnecessary lawsuits and so-called “shakedown” claims. When expectations are clear, and everyone is bonded and qualified, there’s less room for blame-shifting and more room for results.
Thank you, and I’m happy to answer any questions.