LEGISLATIVE UPDATE
RICHARD GARY THOMAS1
and
REGAN GAYLE O’STEEN2
THOMAS, FELDMAN & WILSHUSEN, LLP
9400 N. Central Expressway, Suite 900
Dallas, Texas 75231
(214) 369-3008
Construction Law Journal
Winter 2005
Volume 3, Number 2
Official Publication of the Construction Law Section of the
State Bar of Texas
Legislative Update
79th Legislature, Regular Session, 2005
As of May 31, 2005, the 79th Legislative Session came to an end. There were over 9,300 pieces of legislation filed in this session, including bills, resolutions and joint resolutions. Over 50 of the bills directly (or indirectly) affected the construction industry. Of those, only a handful has been passed and became law. Below is a brief summary of some of those bills affecting the construction industry that passed. There is also a brief discussion of the significant construction bills that did not pass. The reader is warned that not all legislation affecting the construction industry that was enacted during the 79th Legislative session is presented.
I. New Legislation that Passed and Became Law
A. Public Works Contracts
1. Sovereign Immunity
It has long been understood that absent specific statutory permission or legislative consent, citizens could not sue a state governmental entity or subdivision. Many believed, however, that breach of contract actions were an exception to that rule. By entering a contract many argued that the governmental entity had waived its right to sovereign immunity; otherwise any contract that the governmental entity entered was illusory and lacked mutuality. That belief was tested in the Federal Sign v. Texas Southern University3 case. In Federal Sign the Texas Supreme Court reaffirmed the sovereign immunity defense by holding that state governmental entities did not waive immunity from suit by entering a contract.
Nevertheless, local and county governmental units including cities and school districts were generally considered to be exempt from this protection. The argument for exemption from the defense stemmed from the relatively standard verbiage in statutory codes and charters of most municipalities and districts that the local entity could "sue and be sued" or "plead and be impleaded." It was assumed by many that such language provided the necessary consent to suit. After the Federal Sign case, many local governments used or attempted to use the defense of sovereign immunity to breach of contract actions asserted against said entity, regardless of the language used in their governing charters and applicable codes. That particularly was the case after Satterfield & Pontikes Construction, Inc. v. Irving Independent School District4 in which the appellate court held that the "sue and be sued" language in the pertinent section of the Education Code was not a clear and unambiguous waiver of the District’s immunity from suit. That, as well as other cases, are currently pending before the Texas Supreme Court to determine if the "sue and be sued" and "plead and be impleaded" language constitutes a consent to suit5.
Tex. H.B. 20396 was enacted to restore the interpretation of the law that a local governmental entity can sue or be sued by precluding local governmental entities7 from asserting the defense of sovereign immunity when a dispute arises over a written contract providing for goods or services to these entities. The bill defined local governmental entities to include cities, schools, community colleges and other special local districts but not counties or units of state government.8 If expressly authorized in the written agreement, provisions for arbitration proceedings will be enforced and recovery of attorney’s fees will be permitted.9 The bill also permits recovery for owner directed change order work and increased costs for owner caused accelerations or delays and interest as allowed by law.10
The effective date of the law is of significant interest. As with the vast majority of passed legislation, the bill became effective September 1, 2005. However, there is a retroactive twist to this Act. Sections 271.152, 271.153 and 271.154 apply to claims that arose under a contract that was executed before September 1, 2005 only if sovereign immunity has not been waived with respect to that claim before September 1, 2005. If the local governmental entity waived its sovereign immunity defense, the law in effect at the time of contract will apply. As a practical matter, therefore, the new law could be argued to apply to all of the cases currently pending before the Texas Supreme Court regarding the issue of sovereign immunity of local governments.
2. Creation of Electronic Database of Major State Contracts
Tex. H.B. 2611 relates to an electronic database of major state contracts and related documents. Previously a hodgepodge of varying documents pertaining to state contracting was available from some state agencies. Tex. H.B. 26 provided a uniform policy for state government12 to provide specific documents in one convenient online location for citizens to access in a keyword searchable format.13 The new law requires that state agencies provide contract documents, requests for proposals, invitations to bid and comparable solicitations for contracts with an expected value of at least five million dollars for inclusion in the information posted on the electronic procurement marketplace. Certain information that is not subject to disclosure pursuant to chapter 552 of the Texas Government Code shall be referenced in an appendix that generally describes the information without specifically disclosing the contents14 Nevertheless, members of the construction industry should have a more user friendly and less expensive way to learn about new business opportunities for state government projects.
3. Permits
Tex. S.B. 57415 involves requirements for the issuance of land development permits by political subdivisions as they affect "vested rights" of private property landowners from the application of retroactive rulemaking by local and other governmental authorities. The new amendments clarify that certain (1) zoning regulations or other land use regulations, (2) annexing regulations, or (3) regulations to prevent the imminent destruction of property or injury to persons affecting landscaping or tree preservation or open space or park dedication, are not exempt from the application of chapter 245 of the Local Government Code. The bill also clarifies that a political subdivision’s immunity from suit is waived in regards to an action under this chapter.16
Tex. S.B. 84817 concerns the approval of certain permit applications by local governments, including applications for construction contracts related to service from a water or wastewater utility that is owned, operated or controlled by a regulatory agency. The new law clarifies that the regulations applicable to land development projects are the regulations in effect at the time the first permit application or plan for development is filed. The act also clarifies what constitutes filing and that an application may expire after 45 days for failure to provide necessary information or documents after written request from the agency.18
Tex. H.B. 26619 pertains to the time for processing a county building permit for counties with a population of at least 3.3 million. Prior to the changes there were no time limits for processing permit applications.20 According to the new law the county must, within 45 days of an application for a permit to construct or improve a building or other structure in the county, (1) grant or deny the permit request, (2) provide written notice stating why the county has been unable to act on the permit application or (3) come to agreement regarding a deadline for granting or denying the permit.21 The county only has 30 days to grant or deny any application that is resubmitted after rectifying any problems for which it was notified. The failure to grant or deny an application within the designated time frames prohibits the county from collecting any fees associated with the permit. This law does not apply to permits for on-site sewage disposal systems.22
4. Regulation of Publicly Works Construction
Tex. H.B. 96023 is about the authority of a political subdivision to regulate construction and renovation of structures owned by certain counties. Counties with a population of at least 3.3 million are permitted to build or renovate a building that is located within the boundaries of another political subdivision without obtaining a building permit so long as the work is supervised and inspected by an engineer or architect licensed in Texas. The county is not exempt from complying with the building standards of the political subdivision where the project is located during the construction or renovation.24 This means that a qualifying county does not have to get permission to build or renovate from another public entity (more likely, a City) as long as the project is both supervised and inspected by an architect or engineer.
5. Deliberation of Public Works Contracts
Tex. H.B. 97625 permits the Texas Building and Procurement Commission to deliberate in a closed meeting regarding business and financial considerations of a contract being negotiated. As a prerequisite to a closed meeting, the bill requires a unanimous vote by the committee that a closed meeting is necessary. A written determination from the attorney advising the commission that the deliberation in an open meeting would have a detrimental effect on the state’s position is also required. Tape records of the closed deliberations, however, are mandatory.26
6. Local Governmental Entities Prohibited from Performing Construction
Tex. H.B. 182627 relates to the use of school district resources for the maintenance of real property that is not owned or leased by the school district. Previously there was no restriction on school districts from using its resources to improve, construct or repair real property that was outside of their own district. Reportedly, one north Texas school district maintenance division was actually acting as a construction company for another school district,28 presumably for profit.
The new law prohibits school districts from providing construction materials, services or resources to improve real property not owned or leased by that school district thereby keeping the resources of a district within its boundaries for the improvement of that district.29 Effectively, however, it permits a school district to engage in the construction business for itself or with other entities when there will be joint use between the entities of the project so long as the project is owned or leased, in part, by the school district.
7. Resolution of Disputed Claims with the State
Tex. H.B. 194030 relates to alternative dispute resolution of certain contract claims against the state. Prior to the changes, resolution of a claim against the state could take many months since the statutory timeframes for resolving claims against the state were lengthy. Further, certain types of damages were not permitted.31
Contractors may now recover damages for delay or labor related acceleration costs caused by the acts of the State. Other consequential damages, however, are expressly prohibited. The deadlines for the state to assert a counterclaim against a contractor has been shortened from 90 days to 60 days after the state received notice of the claim.32 The parties may now agree to mediate a claim before the 120th day after a claim is filed as opposed to the 270 days they had before. It should be noted, however, that the statute actually increases the time for the state to begin negotiating and reviewing a claim from 60 days to 120 days from the date the claim is received.33 It now corresponds with the 120 day deadline to agree to mediate.
In a further erosion of the sovereign immunity defense, the legislation permits a contractor to assert a counterclaim or right of setoff against the government unit in the same court where the government brings suit against the contractor. Finally, if found to be owing by the Hearing Officer, the unit of state government must pay that part of the claim that is under $250,000 with the balance being forwarded for legislative appropriation action.34
B. Amendments to Mechanics, Contractor’s, or Materialman’s Lien Laws
Tex. H.B. 62935 relates to notices required for a mechanic’s, contractor’s, or materialman’s lien in certain circumstances. Previously, owners had virtually no obligations to perform any actions or provide any notice to potential claimants regarding their lien rights. The new statute requires owners to provide notice that the original contractor has been terminated or has abandoned the project to claimants providing notice in accordance with chapter 53 of the Texas Property Code upon the termination or abandonment of the original contractor.36
The persons entitled to the notice are the ones who ask the owner, in writing, for it or who sent a notice of retainage37, notice of specially fabricated materials,38 or notice of unpaid account.39 The owner must provide the following information in its notice: (1) the name and address of the owner and original contractor, (2) a legal description of the property, (3) general description of the improvements under the original contract, (4) a statement that the original contractor has been terminated or has abandoned the project, (5) the date of termination and/or abandonment, and (6) a conspicuous statement that a claimant may not have a lien on retained funds unless a lien affidavit is filed not later than the 30th day after date of the termination or abandonment.
A notice sent in compliance with the new statute is prima facie evidence of the date of termination or abandonment if it is sent within ten (10) days of the original contractor’s termination or abandonment. The failure to send a notice in compliance with this new section extends the deadline for filing liens on retained funds for claimants who otherwise comply with the requirements of chapter 53 of the Texas Property Code. This new law does not apply to residential projects.40
C. Construction of Transportation Facilities
Tex. H.B. 270241 relates to the construction, acquisition, financing, maintenance, management, operation, ownership, and control of transportation facilities and the progress, improvement, policing, and safety of transportation in this state. In 2003 the Texas Legislature enacted broad changes governing the financing and development of transportation.42 Among other things, those laws addressed the financing and development of the Trans-Texas Corridor regional mobility authorities, pass-through tolls, the financing and development of TxDOT turnpikes, and the financing and development of rail facilities.43 Tex. H.B. 2702 is a very extensive and lengthy bill that addresses issues that were raised in the implementation of those laws passed in the previous session, the specific details of which are outside the scope of this paper.
D. Asbestos and Silica Litigation Reform
Tex. S.B. 1544 pertains to civil claims involving exposure to asbestos and silica. The new law significantly reforms the manner that asbestos and silica claims are brought and litigated in the State of Texas in an effort to protect the rights of those injured by asbestos and silica.45 Among many other things, the new law requires that a claimant who has been exposed to asbestos or silica exhibit physical functional impairment. To that end, the law establishes criteria for doctors performing specified tests pertaining to functional impairment and adopts medical standards for determining functional impairment.46
The statute also provides a method for dismissing lawsuits of claimants without functional impairment and creates an extended statute of limitations for persons who have been exposed to asbestos or silica but exhibit no functional impairment. Finally, the Texas Supreme Court is authorized to promulgate amendments to the Texas Rules of Civil Procedure regarding the joinder of claimants in asbestos and silica related lawsuits.47
E. Regulation of Industrialized Buildings
Tex. S.B. 44348 relates to the regulation of industrialized buildings. Changes to the Occupations Code were made in the last legislative session to establish a state inspection process for certain buildings that were moved from one municipality to another without having to have numerous inspections and meet different building codes.49 Though not intended, the result was to require every industrialized building to be built to state specifications and requiring inspection.50 The new statute addresses those unintended consequences by better defining "industrialized building" among other things.
F. Licensing
A number of amendments have been made to the Occupations Code pertaining to licensing requirements. HB 7451 exempts license holders that are employed by school districts from certain requirements set forth in the Mold Assessors and Remediators program that was passed in the prior legislative session.52 The program includes a conflict of interest clause to prevent a) mold assessors from claiming dangerous mold exists, b) persuading owners that expensive renovations are necessary to remove the mold and c) then performing the remediation work as well. It became apparent, however, that this conflict of interest clause prevented school districts from permitting licensed mold assessors and licensed mold remediators from working on the same project within the school district. This amendment was to address this unintended consequence of the Program.
Tex. H.B. 181753 relates to the regulation of the practice of engineering. Prior to this amendment the law required a professional engineering seal for all engineering documents even if the project was to be constructed outside of the state of Texas. Tex. H.B. 1817 provides that the engineering seal is only required for projects to be constructed or utilized in Texas.
The amendment also allows the Texas Board of Professional Engineers to charge a late license renewal fee to help cover the costs of regulating engineering and related practices, and permits it to withhold in confidence certain complaint information filed against a license holder if it is determined that such complaint was frivolous or without merit. Finally the bill provides that the practice of engineering includes providing an engineering opinion or analysis relating to a certificate of merit under Chapter 150 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE.
Tex. H.B. 131754 concerns to the licensing and regulation of certain electricians. Legislation was passed in the 78th legislative session creating a statewide licensing program for electricians. The House Licensing and Administrative Committee Procedures Committee and the Electrical Safety Advisory Board made a number of recommendations to address unintended consequences resulting from the new program. This bill amends the Texas Electrical Safety Act to correct those unintended consequences and improve the execution of that program.55
G. Workers' Compensation Reform
Tex. H.B. 756 relates to the continuation and operation of the workers' compensation system of this state and to the abolition of the Texas Workers' Compensation Commission. It provides for the establishment of the office of injured employee counsel, and the transfer of the powers and duties of the Texas Workers' Compensation Commission to the division of workers' compensation of the Texas Department of Insurance and the office of injured employee counsel. The statute further makes provision for workers' compensation benefits to injured employees and for the regulation of workers' compensation insurers.57
The new statute, among many things, abolishes the Texas Workers Compensation Commission (“TWCC”) and replaces it with the Texas Department of Workers' Compensation (“TDWC”) that is to be headed by a single commissioner.58 A significant change is the allowance for the formation of workers' compensation health care networks. Those networks will be required to be certified and regulated by the Texas Department of Insurance. Further overview of the details of this new statute is outside the scope of this paper.
H. Contractor’s Exposure to Work-Related Disease
Tex. S.B. 66559 relates to work-related exposure to a reportable disease. Previously, law enforcement officers, fire fighters, emergency medical service employees, and correctional officers were the only classes of people able to ask that another person be tested for a reportable disease. Individuals that did not fall within those classes of people but were working or volunteering in a correctional or detention facility were not able to make that request even if they had potentially been exposed to a reportable disease such as HIV infection.60 Tex. S.B. 665 permits certain persons, such as contractors, that perform services in a correctional or detention facility, to ask that another person be tested for a reportable disease if that person may have exposed the contractor to a reportable disease.61
II. Bills That Did Not Pass
A. Contingent Payment Bill
Tex. H.B. 1146 died in the Senate. Tex. H.B. 1146 was a compromise bill between subcontractors and general contractors on the use of contingent payment clauses. The bill passed the House on a voice vote and had passed the Senate Business and Commerce Committee by a unanimous vote. The bill's Senate sponsor, Senator Averitt of Waco, decided not to place the bill on the Senate Calendar for consideration and vote by the full Senate. Averitt's refusal effectively killed the bill for the session.
B. Indemnification
Tex. H.B. 1217, which would have banned the use of broad form indemnification clauses, restrict the use of additional insureds and waivers of subrogation, died in the Calendars Committee. In the Senate, Tex. S.B. 445 did not move once the Chairman of the Committee having jurisdiction over the Senate bill, Senator Duncan of Lubbock, stated his desire to work on the issue during the interim in tandem with the other related issues, which include statutory employer and Consolidated Insurance Programs ("CIP"). Senator Duncan has carried legislation before which would limit the use of indemnification clauses.
C. Consolidated Insurance Programs
Tex. H.B. 2156 and Tex. S.B. 868 attempted to establish minimum requirements for the use of Consolidated Insurance Programs ("CIPs"). As mentioned above, CIP reform will likely be reviewed by a legislative committee between sessions in the interim in connection with a review of indemnification clauses and statutory employer. The legislation filed this Session elevated the issue and sparked participation from a wide range of interest groups.
D. Relating to public contracts
Tex. H.B. 2525 related to contracts by governmental entities for construction projects and related professional services and to public works performance and payment bonds. Among other things it consolidated alternate project delivery processes into a single chapter of the Government Code. It also prohibited the use of reverse auctions to obtain services relating to a public work contract for which a bond is required. Although it passed both the house and senate, it was vetoed by Governor Perry on June 17, 2005.
E. School Finance/Property Tax Relief
Tex. H.B. 2 and H.B. 3, both died. The conference committees could not resolve the tricky issue of shifting taxes from property to another format. Increases in business taxes and sales taxes were discussed, massaged, rediscussed and remassaged, but in the end a consensus did not emerge in the regular sessions as well as in two special sessions.
III. Legislative Research
For those wanting more information on bills filed and/or passed in any particular legislative session, the best source of legislative information is available on the Internet via the Texas Legislature62 Web Site, also known as Texas Legislature Online. If you have the bill number, you can do a bill search from the home page. Currently bills are available online back to the 71st Legislative Session in 1989.
Look for the shaded box entitled "Bill Action and Vote History"63 and select the appropriate Legislative session from the pull down menu.64 Note that the pull down menu in this box will default to the last legislative session. Type the bill number (e.g. HB 629 or SB 15) in the empty box next to the Legislative Session box and hit " "Go." That will take you to the "Action" Page where you can select "History" "Text," Actions, "Captions" "Authors," and "Next Bill." The "Text" box will take you to a page where you can actually select the text of the bill. If a bill was passed, the enrolled version is the final bill that will become law. If there is an icon(s) of a magnifying lens under the column labeled "Analysis", clicking on the magnifying glass will take you to a committee report regarding the bill which provides an excellent source of information and background for the bill. Note that there may be multiple committee reports which may contain different information.
Finally, information can also be obtained the old fashioned way by visiting or calling the Texas Legislative Reference Library.65 This is always a good source of information. Currently, that is the best way to get information for bills that were filed or passed prior to 1989.
1 Richard Gary Thomas is a partner in the Dallas, Texas firm of Thomas, Feldman & Wilshusen, LLP, where he has specialized in construction law for more than 25 years. Mr. Thomas received his undergraduate degree from Texas Tech University and his J.D. from St. Mary’s University School of Law. Mr. Thomas is the former Legislative Liaison and a current council member of the Construction Law Section of the State Bar of Texas. He is former Chair of the Specialty Contractors Division of the American Bar Association Forum on the Construction Industry. He is general counsel for the Texas Construction Association and both the Texas and North Texas Chapters of the American Subcontractor’s Association, and is a frequent speaker and author on construction related issues.
2 Regan Gayle O’Steen is an associate with the Dallas, Texas firm of Thomas, Feldman & Wilshusen, LLP. Ms. O’Steen received her undergraduate degree from the University of Texas and her J.D. from the University of Texas School of Law. Ms. O’Steen’s practice focuses primarily on construction related issues. She is a frequent speaker and author on construction related issues.
3 Federal Sign v. Southern Texas University, 951 S.W. 2d 401 (Tex. 1997).
4 Satterfield & Pontikes Construction, Inc. v. Irving Independent School District, 123 S.W. 3d 63 (Tex. App. – Dallas 2003, pet. filed.)
5 See, e.g., Satterfield & Pontikes Construction, Inc. v. Irving Independent School District, 123 S.W. 3d 63 (Tex. App. – Dallas 2003, pet. filed.) and City of Carrollton v. McMahon Contracting, L.P., 134 S.W.3d 925 (Tex. App.—Dallas 2004, pet filed).
6 Tex. H.B. 2039, 79th Leg., R.S. (2005) adds new subchapter I to chapter 271 of the Texas Local Government Code.
7 Senate Comm. on State Affairs, Bill Analysis, Tex. H.B. 2039, 79th Leg., R.S. (2005).
8 Tex. S.B. 1017, 78th Leg., R.S. (2003) effectively eliminates sovereign immunity as a defense for county government units that are parties to a written contract for construction goods or services (see §§89.004, 89.0041 and 262.007 of the Local Government Code).
9 Tex. H.B. 2039, 79th Leg., R.S. (2005).
10 Tex. H.B. 2039, 79th Leg., R.S. (2005).
11 Tex. H.B. 26, 79th Leg., R.S. (2005) amends Sections 2177.0001, 2177.001, and 2177.051(a) and adds new Section 2177.052 to the TEXAS GOVERNMENT CODE.
12 The new applies to all departments, commissions, boards, offices, councils, authorities, or other agencies in the executive or judicial branch of state government that is created by the constitution or a statute of this state, but does not include a university system or institution of higher education.
13 HOUSE COMM. ON FINANCE, Bill Analysis, Tex. H. B. 26, 79th Leg., R.S. (2005).
14 Tex. H. B. 26, 79th Leg., R.S. (2005).
15 Tex. S.B. 574, 79th Leg., R.S. (2005) amends 245.004, 245.005 and 245.006 of the LOCAL GOVERNMENT CODE.
16 Tex. S.B. 574, 79th Leg., R.S. (2005).
17 Tex. S.B. 848, 79th Leg., R.S. (2005) amends Section 245.001 of the LOCAL GOVERNMENT CODE and adds new subsection 245.002(a)(1), (e)(f) and (g).
18 Tex. S.B. 848, 79th Leg., R.S. (2005).
19 Tex. H.B. 266, 79th Leg., R.S. (2005) adds new Section 233.901 to chapter 233 of the LOCAL GOVERNMENT CODE.
20 SENATE COMM. ON INTERGOVERNMENTAL RELATIONS, BILL ANALYSIS, Tex. H.B. 266, 79th Leg., R.S. (2005).
21 Tex. H.B. 266, 79th Leg., R.S. (2005).
22 Tex. H.B. 266, 79th Leg., R.S. (2005).
23 Tex. H.B. 960, 79th Leg., R.S. (2005) adds new Section 245.007 to chapter 245 of the LOCAL GOVERNMENT CODE.
24 Tex. H.B. 960, 79th Leg., R.S. (2005).
25 Tex. H.B. 976, 79th Leg., R.S. (2005) adds new Section 551.0726 to Chapter 551 of the GOVERNMENT CODE.
26 Tex. H.B. 976, 79th Leg., R.S. (2005).
27 Tex. H.B. 1826, 79th Leg., R.S. (2005) adds new Section 11.168 to Chapter 11 of the EDUCATION CODE.
28 HOUSE COMM. ON EDUCATION, BILL ANALYSIS, Tex. H.B. 1826, 79th Leg., R.S. (2005).
29 Tex. H.B. 1826, 79th Leg., R.S. (2005)
30 Tex. H.B. 1940, 79th Leg., R.S. (2005) amends Sections 2260.003, 2260.005, 2260.051, 2260.052, 2260.056, 2260.104 and adds new section 2260.105(a)(1) to chapter 2260 of the Government Code.
31 SENATE COMM. ON STATE AFFAIRS, BILL ANALYSIS, Tex. H.B. 1940, 79th Leg., R.S. (2005).
32 Tex. H.B. 1940, 79th Leg., R.S. (2005).
33 Tex. H.B. 1940, 79th Leg., R.S. (2005).
34 Tex. H.B. 1940, 79th Leg., R.S. (2005).
35 Tex. H.B. 629, 79th Leg., R.S. (2005) amends 53.103 and adds new Section 53.107 to chapter 53 of the PROPERTY CODE.
36 Tex. H.B. 629, 79th Leg., R.S. (2005).
37 Tex. Prop. Code §53.057.
38 Tex. Prop. Code §53.058.
39 Tex. Prop. Code §53.056.
40 Tex. H.B. 629, 79th Leg., R.S. (2005).
41 The changes to the TRANSPORTATION CODE resulting from this Bill are too lengthy to provide in a footnote. Information regarding obtaining a copy of this bill is provided in Section III of this paper.
42 See Tex. H.B. 3588, 78th Leg., R.S. (2003) and Tex. H.B. 2, 78th Leg., R.S. (2003).
43 SENATE COMM. ON TRANSPORTATION AND HOMELAND SECURITY, BILL ANALYSIS, Tex. H.B. 2702, 79th Leg., R.S. (2005).
44 The changes to the CIVIL PRACTICE & REMEDIES CODE, the GOVERNMENT CODE, and the INSURANCE CODE resulting from this Bill are too lengthy to provide in a footnote. Information regarding obtaining a copy of this bill is provided in Section III of this paper.
45 See HOUSE COMM. ON CIVIL PRACTICES, BILL ANALYSIS, Tex. S.B. 15, 79th Leg., R.S. (2005).
46 See HOUSE COMM. ON CIVIL PRACTICES, BILL ANALYSIS, Tex. S.B. 15, 79th Leg., R.S. (2005).
47 HOUSE COMM. ON CIVIL PRACTICES, BILL ANALYSIS, Tex. S.B. 15, 79th Leg., R.S. (2005).
48 Tex. S.B. 443, 79th Leg., R.S. (2005) amends Sections 1202.001, 1202.003, 1202.203, 1202.204, and repeals subsection (c) of Section 1202.003 of Chapter 1202 of the Occupations Code.
49 See Tex. S.B. 279, 78th Leg., R.S. (2003).
50 HOUSE COMM. ON BUSINESS & COMMERCE, BILL ANALYSIS, Tex. S.B. 443, 79th Leg., R.S. (2005).
and new subsection 245.002(a)(1),
51 Amends Section 1958.155 of the Texas Occupations Code.
52 Tex. H.B. 329, 78th Leg., R.S. (2003).
53 Tex. H.B. 1817, 79th Leg., R.S. (2005) amends Sections 1001.003(c); 1001.204(a); 1001.252(1); 1001.353(a)(b) and (c); 1001.401(b) and 1001.601 of the Texas Occupations Code.
54 Tex. H.B. 1317, 79th Leg., R.S. (2005). The changes resulting to the Occupations Code are too lengthy to provide in a footnote. Information regarding obtaining a copy of this bill is provided in Section III of this paper.
55 SENATE COMM. ON BUSINESS & COMMERCE, BILL ANALYSIS, Tex. H.B. 1317, 79th Leg., R.S. (2005).
56 The changes to the Labor Code, the Insurance Code and the Government Code resulting from this Bill are too lengthy to provide in a footnote. Information regarding obtaining a copy of this bill is provided in Section III of this paper.
57 Tex. H.B. 7, 79th Leg., R.S. (2005).
58 SENATE COMM. ON STATE AFFAIRS, BILL ANALYSIS, Tex. H.B. 7, 79th Leg., R.S. (2005).
59 Tex. S.B. 665, 79th Leg., R.S. (2005) amends Section 81.050 of the Health and Safety Code.
60 HOUSE COMM. ON CRIMINAL JUSTICE, BILL ANALYSIS, Tex. S.B. 665, 79th Leg., R.S. (2005).
61 Tex. S.B. 665, 79th Leg., R.S. (2005).
62 www.capitol.state.tx.us.
63 Note that the website appearance and tools are changed periodically.
65 Bill Status line, toll free at 877/824-7038, or in Austin at 512/463-2182.
