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.

  • 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

    View Legislation

    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

    View Legislation

    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

    View Legislation

    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

    View Legislation

    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

    View Legislation

    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

    View Legislation

    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.

  • Sen. Kelly Hancock (HD-9)

    Passed the Texas Senate. Died on Texas House Floor

    View Legislation

    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