The Texas Legislature has started its 88^th Regular Session and as of January 23, 2023, more than 2,150 bills and joint resolutions have been filed.  We examine a few bills that are of particular interest to the design and construction industry.

SB 283 – Relating to requiring workers’ compensation coverage for employes of building and construction contractors and subcontractors

Summary: Would require all contractors and their subcontractors for a public work project to be covered by workers compensation insurance.

HB 1054 – Requiring classification of certain construction workers with the Texas Workforce Commission for purposes of unemployment benefits

Summary: Would amend the Labor Code to require construction contractors to properly classify each individual providing construction services as either an employee or an independent contractor to the Texas Workforce Commission, and would allow the Commission to impose administrative penalties of $100 for each individual not properly classified and $1,000 for each individual who is not properly classified for each subsequent violation.

HB 495 – Related to rest breaks for employees of certain contractors with a governmental entity

Summary: Would amend the Government Code to require construction contractors contracting with a governmental entity, as well as any subcontractors, to provide at least a 10-minute paid rest break for every 4-hour period of work to each employee performing work under the contract, and allows the governmental entity to impose an administrative penalty between $100 to $500 per day.

HB 1787 – Relating to the method used to select engineers and general contractors for certain state highway construction projects

Summary: Would establish a “construction manager-general contractor method” which would allow a construction delivery method by which the Highway Department contracts with an engineer for design and construction phase services and contracts separately with a construction manager to serve as the general contractor and to provide consultation during the design and construction of a state highway.

HB 1255 – Relating to limitation periods in arbitration proceedings

Summary: Would amend Chapter 16 of the Civil Practice and Remedies Code (CPRC) by adding section 16.073, which would provide that “a party may not assert a claim in an arbitration proceeding if the party could not bring suit for the claim in court due to the expiration of the applicable limitations period.” However, under the proposed section 16.073, the party “may assert a claim in an arbitration proceeding after expiration of the applicable limitations period if: (1) the party brought suit for the claim in court before the expiration of the applicable limitations period; and (2) a court ordered the parties to arbitrate the claim.”

HB 543 – Relating to ad valorem tax for accessibility improvements to buildings

Summary: Would amend the Tax Code to prohibit the chief appraiser, when determining the market value of real property for purposes of ad valorem taxes, from including the value of any improvement made to the property is the primary purpose of the improvement is compliance with the Americans with Disabilities Act Standards for Accessible Design or any successor standards.

HB 1309 – Allowing suits against certain government employees

Summary: Would amend section 101.106 of the CPRC to allow a plaintiff to sue a governmental employee for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.

The attorneys in our Austin and Dallas offices consistently monitor Legislative and case-law developments that impact the design and construction industries.  Please contact us with any questions you may have at info@gstexlaw.com.

Legal Disclaimers

This blog is made available by Gerstle Snelson, LLP for educational purposes and to provide general information about the law, only.  Neither this document nor the information contained in it is intended to constitute legal advice on any specific matter or of a general nature.  Use of the blog does not create an attorney-client relationship with Gerstle Snelson, LLP where one does not already exist with the firm.  This blog should not be used a substitute for competent legal advice from a licensed attorney.

©Gerstle Snelson, LLP 2023.  All rights reserved.  Any unauthorized reprint or use of this material is prohibited.  No part of this blog may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system without the express written permission of Gerstle Snelson, LLP.