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TCA Special Section - August 2003
VIP LEGISLATORS

Many Legislators helped the construction industry and subcontractors/suppliers have a successful legislative session. Key Legislators working on construction related legislation either passed helpful legislation or amendments, defeated bad legislation or amendments, or put great effort into issues important to subcontractors and suppliers. Key Legislators included:

Sen. Jeff Wentworth, San Antonio, was the Senate sponsor of the bill that restored the right to sue counties when they breach a construction contract. He also was a co-author of the Senate version of the contingent payment bill.

Rep. Joe Nixon, Houston, was the House sponsor of the bill restoring the right to sue counties and was the sponsor of the Omnibus Tort Reform bill.

Rep. Warren Chisum, Pampa, authored the contingent payment bill and was primarily responsible for getting it set as the first bill on the Major State Calendar near the end of the Session. He also passed legislation that funds the Emissions Rebate program that provides rebates for those buying energy/pollution efficient equipment in nonattainment locales.

Rep. Frank Corte, San Antonio, was the House sponsor of the bill granting the right to suspend work on public projects when not paid.

Sen. Tommy Williams, The Woodlands, was the Senate sponsor of successful legislation giving subcontractors the right to suspend work on public projects when they are not paid.

Rep. Burt Solomons, Carrollton, served on the Business and Industry Subcommittee that had jurisdiction over most of the issues concerning construction. He was instrumental in helping get legislation important to subcontractors/suppliers out of the Committee.

Rep. Gary Elkins, Houston, also served on the Business and Industry Subcommittee as Vice-Chair and was the Chair of the Subcommittee that passed out a favorable version of the contingent payment bill.

Rep. Trey Martinez-Fischer, San Antonio, also was a member of the Business and Industry Committee and served on the Subcommittee that passed the Contingent Payment bill. He was very helpful on the contingent payment bill and other Subcontractor legislation.

Sen. Eddie Lucio, Brownsville, was a co-author of the contingent payment bill and supported all TCA legislation. The Senator also worked the Senate Floor to defeat amendments unfavorable to subcontractors.

Rep. Tommy Merritt, Longview, amended the Omnibus Tort Reform Bill to include a provision prohibiting broad form indemnification clauses in construction contracts. It was eventually stripped off the bill in the Senate, but the effort raised the profile of the issue and several Senators now may be interested in sponsoring a bill next session. Rep. Merritt successfully amended a bill that prohibited indemnification clauses in state contracts last Session.

Sen. Craig Estes, Wichita Falls, sponsored a bill relating to the State use of reverse auctions and added an amendment that would prohibit the use of reverse auctions in State contracts for construction services. The bill passed, but was vetoed by the Governor for other reasons. (See related veto article.)

Rep. Beverly Woolley, Houston, served as Chair of the Calendars Committee. She was responsible for getting legislation important to subcontractors and suppliers set on the House Floor Calendar. This included setting the contingent payment bill as the first bill on the Major State Calendar.


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