TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...

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TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
THE 2021 LEGISLATIVE SESSION EDITION

TEXAS
CONSTRUCTION
ASSOCIATION
Working on issues of major importance to the
Texas construction industry                     Winter 2021
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
Texas Construction Association Board
                                                           OFFICERS
       Jerry Bratton - Chair                                                                Andy Adams - Treasurer
   Texas Structural Steel Institute                  Chris Lambert - Secretary         American Subcontractors Association
                                                           Central Texas                        Houston Chapter
     David Stone - Vice Chair
                                                     Subcontractors Association
     Fire Sprinkler Contractors                                                          Raymond Risk - President / CEO
        Association of Texas                                                              Texas Construction Association
                                                          DIRECTORS
            Ken Boen                                      Jeff Henkener
     Plumbing-Heating-Cooling                          Mechanical Contractors                      Robbie Ketch
        Contractors of Texas                                                                  DFW Drywall & Acoustical
                                                        Association of Texas
                                                                                               Contractors Association
          .Kevin Camarata                                Fred Heldenfels IV
       Texas Masonry Council                       Precast Concrete Manufacturers’                 Courtney Talley
                                                        Association of Texas                  National Utility Contractors
          Brian Chester                                                                          Association - Texas
American Subcontractors Association                       Victor Longo
       North Texas Chapter                         Southwest Terrazzo Association                  Felix Munson
                                                                                               Texas Glass Association
           Keith Colvin                                    Paul Holden
        Texas Iron Workers                           Subcontractors Association                  Carmen Smith
                                                         of the Metroplex              American Subcontractors Association
       Employers’ Association
                                                                                                Texas Chapters
          Roger Fisher II                                 Mike Kanetzky
                                                         National Electrical                     Allan Woodruff
Texas Council - Painting & Decorating
                                                       Contractors Association            Texas Crane Owners Association
   Contractors of America - Dallas
                                                          Texas Chapters
                                                      LEGAL COUNSEL
                                                         Fred Wilshusen
                                                   Thomas, Feldman, & Wilshusen

                     American Subcontractors                                            Southwest Terrazzo
                    Association - Texas Chapters                                           Association

                         Central Texas                                               Subcontractors Association
                    Subcontractors Association                                           of the Metroplex

                          DFW Drywall &
                                                                                      Texas Council Painting &
                       Acoustical Contractors                                         Decorating Contractors
                           Association

                     Fire Sprinkler Contractors                                         Texas Crane Owners
                        Association of Texas                                                Association

                           Mechanical                                                       Texas Glass
                      Contractors Association                                               Association
                             of Texas

                        National Electrical                                             Texas Iron Workers
                      Contractors Association                                          Employers’ Association
                         Texas Chapters

                         National Utility
                                                                                          Texas Masonry
                      Contractors Association
                                                                                             Council
                          Texas Chapter

                     Plumbing-Heating-Cooling                                            Texas Structural
                        Contractors of Texas                                              Steel Institute

                        Precast Concrete
                     Manufacturers’ Association                                           Room to Grow!
                             of Texas
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
Texas 2020 General Election
                                                by Eric Woomer

In some ways, this year’s historic         both candidates are Republicans.           Rs and 67 Ds). The flips came in Harris
election was like a Hollywood              The 18R/13D margin in the Senate is        County, where Reps. Sarah Davis
blockbuster: big stars,                                                                           (R-Houston) and Gina
with big expectations;                                                                            Calanni       (D-Houston)
a monstrous budget; a                                                                             appear to be the only
record-breaking turnout                                                                           casualties. Open seats like
at the box office with lines                                                                      House District 138 near
around the block; and                                                                             Houston (previously held
everyone talking about it.                                                                        by Rep. Dwayne Bohac
A nail-biter throughout,                                                                          (R-Houston)) and House
with a cliffhanger ending                                                                         District 92 in Tarrant
that leaves you guessing.                                                                         County          (previously
And yet, despite all the                                                                          held by Rep. Jonathan
hype and money splashed                                                                           Stickland (R-Bedford))
across the video screen,                                                                          have new occupants but
when it concludes and                                                                             remain in the same party.
you step out of the theater                                                                       Nearly all incumbents
and into the sunshine,                                                                            prevailed, some by very
everything is pretty much                                                                         slim margins – notably
the same.                                                                                         Reps. Angie Chen Button
                                           significant. In the 2015 session, after    (R-Richardson) and Jon Rosenthal
The unprecedented attention to                                                        (D-Houston).
                                           the GOP lost their supermajority of
presidential politics, and the national
                                           21 (two-thirds), the Senate amended
attention gained by Democrats, failed                                                 For the House overall, this means a GOP
to dramatically impact races closer to     their rules to require only 19 (three-     speaker and control of key committees.
home. Although there was a one-seat        fifths) votes to move a bill through the   The announced Speaker candidates at
gain for Democrats in the Texas Senate,    Texas Senate. Thus, previously, Lt. Gov.   one time included Reps. Chris Paddie,
                                           Dan Patrick had the luxury of only
there remain 83 Republicans and 67                                                    Dade Phelan, Trent Ashby, and Geanie
                                           needing Republican votes to advance
Democrats in the Texas House.                                                         Morrison; however, Rep. Dade Phelan,
                                           his favored legislation. Now, he will      (R-Beaumont) appears to have a clear
There was really only one race in          need to rely on at least one Democrat.
Texas that was expected to impact the                                                 path at becoming the next speaker of
                                           It remains to be seen whether Lt. Gov.     the Texas House after securing the
partisan divide in the State Senate (19    Patrick and GOP Senators will consider
Rs and 12 Ds heading into election                                                    support of over 90 House members.
                                           an effort to eliminate or further reduce
night): Senate District 19, held by Sen.   the supermajority requirement, which       While many expect a tamer-than-
Pete Flores (R-Pleasanton), who was        would be another noteworthy departure      usual regular session, due to budgetary
elected in a special election in 2018 to   from longstanding precedent.               shortfalls and COVID-19 continuing
represent the historically Democratic                                                 to impact process and the Legislature’s
district running from San Antonio to       The real action in state politics was in   ability to navigate complex or
West Texas. He was defeated by seven-      the Texas House of Representatives,        controversial issues, GOP control
term State Representative Roland           where a nine-vote margin separated         will have a significant impact on
Gutierrez (D-San Antonio). One             the GOP leadership from the                redistricting later next summer, when
special election remains – on December     Democratic minority. Many observers        the Texas Congressional delegation
19, Rep. Drew Springer (R-Muenster)        expected meaningful gains for the Ds,      is predicted to gain two seats, and the
squares off against Dallas hair salon      and perhaps even taking control of         Republican-led bodies will have the
owner Shelley Luther (R) in a runoff       the Chamber. But, despite the millions     first crack at redrawing lines for U.S.
for Senate District 30, to replace Pat     poured into races all over the state,      Congress and the Texas House and
Fallon (R-Prosper), who was elected to     it seems it was all just a wash – there    Senate.
Congress. However, there will be no        are a couple of new faces, but the
impact on the make up of the Senate as     partisan divide remains the same (83

                                                                                      Texas Construction Association        3
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
A Preview of the 87th
                                Texas Legislature
The major issues vying for the attention     state legislators. Some of these lawsuits     will be other issues along these lines
of Texas legislators in the upcoming         have been resolved, but others remain         that come to light during session.
session convening on January 12, 2021,       pending. Additionally, the Governor
will be, in some way, related to the         recently extended his Harvey Disaster                 Medicaid Expansion
COVID-19 health crisis. Chief among          Declaration more than three years after       The expansion of Medicaid to include
them will be the state budget, and not       the hurricane hit Texas. These issues         more Texans has been discussed since
just for the next biennium, but for the      will no doubt result in legislation aimed     the adoption of the federal ACA and has
current one as well. Other issues will       at limiting, or at least clarifying, the      recently seen more bipartisan support
be the Governor’s authority during           Governor’s executive authority during         than usual. Some legislators have put
an emergency, the on-going debate            an emergency.                                 the price tag for expansion at over $1.5
of state vs. local power and Medicaid                                                      billion whereas others have argued the
expansion.                                          State vs. Local Authority              final number is offset by savings in
                                             The ongoing tug-of-war between state          other areas resulting in a program that
          Texas State Budget                 and local officials will be on full display   would effectively be budget-neutral.
In July the Texas Comptroller, Glenn         during the upcoming session. As seen          Thus, this is shaping up to be a “battle
Hegar, announced a $4.58 billion             during the COVID-19 health crisis, the        of the economists”.
shortfall for the current biennium.          actions of many local officials, mainly
That means the Legislature will need to      county judges and mayors, were in             All of the items listed above are in
address changes to the current (9/2019 -     direct conflict with executive orders         addition to so many other issues, large
8/2021) budget during the 2021 session       from the Governor.           Additionally,    and small, including, but of course not
via a Supplemental Appropriations            the Governor has tasked staff with            limited to, Redistricting, COVID-19
bill. Additionally, the Comptroller          reviewing statutes and proposing              liability, public school finance, higher
will report to the Legislative Budget        legislation to allow the state to take over   ed finance (Tuition Revenue Bonds)
Board prior to the session to provide        public safety duties in cities that vote to   and property tax caps.
the Biennial Revenue Estimate needed         “de-fund” their police. No doubt there
to craft a balanced budget. With the
economic slowdown in the oil and
gas sector and the economic impact
of the COVID-19 health crisis hitting
state revenues hard, it is expected that
the Comptroller’s estimate will be
several billion dollars below what many
legislators believe is needed to meet the
demands of Texans.

         Executive Authority
          in an Emergency
During the COVID-19 health crisis,
Governor Abbott has issued 25
executive orders addressing a wide
variety of matters; not all of them
have been well received by Texans
and/or Texas legislators. In fact, Gov.
Abbott’s orders have been the subject of
litigation in federal and state court from
bar owners and other Texans, as well
as separate filings in state court from

Texas Construction Association          4
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
Responsible Accountability
                        for Design Defects
Flash back to the turn of the 20th           the contract and the specifications,       prohibitions on unlicensed persons
century. Following recovery from the         must be held responsible for the loss,     performing acts reserved in statute for
Civil War, the landscape of Texas was        notwithstanding the fact that the house    licensed professionals.
changing. It was a building boom             fell by reason of its weakness arising
-- statewide population increases led        out of defects in the specifications and   Unfortunately, the Texas Supreme
to larger towns and cities. Building         without any fault on the part of the       Court has failed to evolve in its
practices changed significantly with         builder.” (emphasis added)                 reasoning. While it seems reasonable
the innovations of the use of steel,                                                    for a contractor to rely on plans and
steam-heating and electrical lighting.                                                    specifications prepared by design
Gone were the utilitarian buildings                                                       professionals hired by the project
-- although brick and stone were still                                                    owner to build a project, if the work
extensively employed for structure                                                        turns out to be defective due to an
and visual interest, in large cities there                                                error in the plans and specifications,
were commercial buildings of three                                                        contractors bear the risk of liability for
to six stories which became sources                                                       the consequences of defective design.
of considerable pride. These changes                                                      Additionally, an implied warranty
brought forth more sophisticated                                                          of constructability by the original
building components, an increase in                                                       contractor to the owner gets passed
the number of architects and engineers,                                                   via contract to the subcontractors.
and an increased risk.                       “Liability of the builder does not rest    Therefore, under current law, a
                                             upon a guaranty of the specifications      subcontractor 3 or 4 tiers below the
It was during this time, in 1899, that the   but upon his failure to perform his        original contractor could be held liable
Thomas Lonergan Co. was contracted           contract to complete and deliver the       for construction defects attributable
to construct a building in San Antonio.      structure.”                                to an architect’s or engineer’s plans.
The owner of the building, San Antonio                                                  Typical general liability insurance
Loan & Trust Co., had hired an architect     Flash forward to 2020, with one            carried by a construction contractor
to draw up plans for a 5-story building.     exception (passage of HB 2899 in           or subcontractor does not cover this
Lonergan undertook the construction          2019 leveling the field for construction   liability and the possible loss may well
of the building, following the architect’s   of roads, highways and related             exceed a company’s net worth.
plans to the letter; however, it collapsed   improvements), Lonergan is still the
before it was finished. Lonergan refused     law of the land in Texas (although         Bottom line -- the current system is
to rebuild the building based on the         48 states follow the Spearin doctrine      not fair. The construction team should
architect’s design and San Antonio Loan      set forth by the U.S. Supreme Court        not be liable for construction that
& Trust sued for damages. The case           in 1917 which holds the opposite of        is defective due to erroneous design
went all the way to the Texas Supreme        Lonergan). There have been countless       documents furnished to the contractor
Court. Lonergan v. San Antonio Loan          changes in the construction industry,      by the owner. The Texas Supreme
& Trust Co., 104 S.W. 1061 (Tex. 1907).      chief among them is the state of Texas’    Court’s reasoning in Lonergan is no
In its opinion, the Court noted, “The        policy decision in the 1930s to license    longer appropriate in this day and age.
fact that Lonergan Co. contracted to         architects and engineers, among            Therefore, the Legislature must amend
construct the building according to the      other design professionals. Through        the law to provide for the equitable
specifications furnished implied that        the passage of licensing statutes, the     distribution of liability in construction
they understood the plans.”                  Legislature determined that in the         cases between all parties, including
                                             interest of public health and safety, a    owners and design professionals.
“We are of opinion that Thos. Lonergan       certain degree of knowledge is necessary   Everyone comes to the table and is held
Co., having failed to comply with their      for a person to hold themselves out to     responsible for the results of their own
agreement to construct and complete          the public as a design professional. In    work. Period.
the building in accordance with              fact, the applicable statutes include

                                                                                        Texas Construction Association            5
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
Securing the Construction Team's
                Retainage Loan
Section 53.101 of the Texas Property       The reality is that retainage is a loan   100% of the value of the project, funds
Code states “the owner shall retain        by the construction team to the owner.    up to 90 percent of the construction
10 percent of the contract price of the    The owner financing the construction      costs during construction, and the
work to the owner”; and Section 53.102     with a bank loan will rarely borrow       construction team members finance
states, “the retained funds secure the     money to fund its retainage obligation    the remaining 10 percent through
payment of artisans and mechanic                                                     deductions in their pay requests.
who perform the labor or service and
the payment of other persons who                                                     The bank’s loan is secured by a deed
furnish material, material and labor, of       If owners want to                     of trust. When executed and timely
specially fabricated material…” While                                                filed, the deed of trust provides a high
typically 10 percent is being deducted        continue to finance                    priority lien on the property. The
from contractors and subcontractors                                                  construction team’s loan is unsecured
monthly pay requests, it has become
                                             10% of their projects                   unless a retainage lien under Chapter
apparent that the amount deducted,            on the backs of the                    53 is perfected. Even then, that lien is
known as “retainage”, is not being put                                               secondary to the bank’s deed of trust. In
aside for the benefit of the artisans,     construction team, the                    the event of a foreclosure by the bank,
mechanics, and material suppliers.                                                   all mechanics liens, are wiped away --
                                             construction team's                     the bank’s loan trumps the construction
It is common practice in the                                                         team’s. If owners want to continue to
construction industry that an owner         retainage loan needs                     finance 10 percent of their projects on
who is not self-funded usually                                                       the backs of the construction team,
borrows only 90 percent of the                   to be protected.                    the construction team’s retainage loan
monthly construction costs during a                                                  needs to be protected. This can be
construction project. The 10 percent                                                 done by ensuring that a perfected lien
retainage has not been borrowed by                                                   for retainage survives the foreclosure
the owner; therefore, the owner is not     until the end of a project when           of the bank’s lien on a project. Only
paying interest on the retainage, and      the retainage is due to the original      then will the current retainage system
the lender is under no obligation to       contractor. Instead, the owner borrows    be just and reasonable.
release the money if an owner defaults     from the construction team. Thus, the
on the construction loan.                  bank holds a note and deed of trust for

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TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
Texas' Broken Lien Laws
                             Need A Remodel
 The lien laws in Texas are broken.           In line with the Texas Constitution, the      in the construction chain; and owners
 Of all the states, Texas has the most        Legislature has enacted laws dealing          do not necessarily have knowledge of
 burdensome and complex lien law              with the statutory lien rights for            all the subcontractors and suppliers on
 scheme. Due to its complexity many           people furnishing labor and material          a project who have a right to file a lien.
 subcontractors and suppliers fail            on private work. These lien rights            All of these can serve as a trap for honest
 to comply with the statutory filing          provide security to the contractor,           mistakes which prevent claimants from
 requirements. People who provide labor       subcontractor, and supplier in exchange       protecting their lien rights or result in
 or materials should not be required          for the improvements being made to            surprise liens for owners.
 to navigate thru a statutory quagmire        the owner's property.
 in order to establish a lien for unpaid                                                    TCA has been working with several
 work and materials.                          Unfortunately, as the Legislature has         other groups to craft legislation to
                                              amended Chapter 53 of the Property            address the broken Texas lien law
 The Texas Constitution, as adopted           Code in piecemeal over the last               system.     Simple changes such as
 in 1876, Article 16, Sec. 37, states that    century, the result has been current          updating and clarifying definitions,
 “Mechanics, artisans and materialmen,        liens laws that are difficult for attorneys   allowing email delivery of notices and
 of every class, shall have a lien upon the   to decipher and nearly impossible             eliminating the second month notice,
 buildings and articles made or repaired      for the lay person to understand. The         will go a long way toward making
 by them for the value of their labor         problems presented in perfecting lien         the lien process more accessible to
 done thereon, or material furnished          rights are numerous: often it is difficult    contractors. Chapter 53 of the Property
 therefor[e]; and the Legislature shall       to obtain the legal description of the        Code may need a complete rebuild, but
 provide by law for the speedy and            property or the name of the owner;            even a remodel will benefit everyone
 efficient enforcement of said liens.”        deadlines for filing notices vary and         involved in construction.
                                              depend on the position of the person

		 Spotlight                         on       Executive Director
                    Beverly Reynal
                        North Texas Chapter of the
                American Subcontractors Association

 Since 2014, Beverly Reynal, a graduate of Texas A&M University, has been
 energetically serving in the role of Executive Director of the American
 Subcontractors Association North Texas Chapter. In addition, she is presently
 serving as the National ASA Executive Director Council Chair.
 Beverly has spent more than 25 years as a force in the Dallas/Fort Worth
 Construction Industry. During 18 of these years, she was one of the few female
 salespersons specializing in the field of commercial concrete. Just prior to joining
 the staff at ASA, Beverly participated as a member in the activities and events of
 the ASA North Texas Chapter, National Association of Women in Construction
 and the TEXO association, while simultaneously serving on the board of directors
 for both ASA and NAWIC.
 Her husband, John, the President of Encore Mechanical, is a member of ASA-NTC.
 Together, they have inspired both their daughters to pursue higher education
 related to the construction industry. Beverly promotes Texas Construction
 Association and the ASA North Texas community, helping to further the success
 the Chapter has contributed to the Texas construction industry.           Texas Construction Association                          7
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
The Texas Legislature is involved in your business.
            Its decisions affect the way you do your business every day.

The Legislature passes or defeats laws involving your taxes, your tort liability, your contracts,

your insurance protection, the roads you travel, the education and regulation of your

workforce, and a myriad of other issues.

               To have a say in these issues, you have to be involved.

How do you get involved? Contribute to the TCA PAC.

The TCA PAC is organized to make contributions to individuals running for the Texas

Legislature and non-judicial statewide offices. Funds are also used to support grassroots

efforts by TCA members.

Why should you contribute to the TCA PAC? The TCA PAC is able to pool the resources of

numerous construction industry members to have a greater impact than a single individual.

Is this really important? YES! TCA’s advocates must have the ability to make contributions

to candidates who share your viewpoint. If you don’t have a well-funded PAC, you are at a

disadvantage because it is guaranteed that your opponents do.

          To contribute, visit the TCA PAC website at www.tcapac.org.

Texas Construction Association PAC
TEXAS CONSTRUCTION ASSOCIATION - THE 2021 LEGISLATIVE SESSION EDITION - Texas Construction ...
Meet Your Texas Constructi

                                                                     Alan
                              Alan Burrows is a lobbyist with nearly 20 years of experience working in and around the Texas
                              Capitol. He first began working in the Legislature during the 2001 legislative session and over
                              the following eight years worked for Republicans and Democrats in both the Texas House and
                              Senate. Prior to the 2009 legislative session, he established his own lobby practice and counts
                              the Texas Construction Association among his first clients.

                              Alan is a graduate of the University of Texas at Austin. Outside of work, Alan enjoys
                              swimming, cycling and live music when live music was a thing.

  Fun Fact: This past summer, while cycling at Valles Caldera Natural Preserve, Alan stood down a black bear!

                                    Clint
Clint Hackney is a lobbyist and government affairs attorney in Austin, Texas and Washington,
D.C. Periodically Clint can be heard on radio stations nationwide as the author of Tales of
American Political History, a weekly program consisting of political stories of our past.

He was born in Lufkin, Texas where he graduated from high school in 1970. He received a
B.A. in Political Science from Texas A & M University in 1974 where he was a member of the
Corps of Cadets and Ross Volunteers along with many other activities. After undergraduate
school, Clint served as a First Lieutenant in the U.S. Army as a paratrooper. Afterwards, he
studied Comparative Laws at Oxford University in Oxford, England in 1976 and received a
law degree from the University of Houston Law Center in 1977.

Clint was elected to the Texas House of Representatives in 1980 at the age of 28. He served there for eight years representing
a District in Northwest Houston. While serving in the Legislature Clint chaired both the House Elections Committee and
the House Energy Committee and, among his handiwork in the Legislature he helped rewrite the Election Code in 1985 and
played major roles in creating the Texas Department of Commerce (now the Economic Development and Tourism Office)
and establishing the state’s Rainy Day Fund.

After an unsuccessful statewide campaign, Mr. Hackney moved to Austin to use his expertise in government and public
policy. Along the way, Hackney has been a commentator on the Texas State Radio Network, created and owned a commuter
bus company, served as Director of Cornerstone Savings and Loan, been active with the Southwest Energy Council and been
active in various civic and non-profit organizations.

In addition to his duties to his clients, he enjoys spending time with his lovely wife Susan, his 4 children and 6 grandchildren,
and he somehow manages to play some golf and see a lot of baseball.

Fun fact: After receiving his college degree and serving in the Army, Clint landed what he says was “the best
          job I ever had.” He went to Houston and sang and played light rock guitar at Steak & Ale Lounges, as
         well as his favorite Bar, Marky Farky’s on Allen Parkway.
ion Association Lobby Team

                                                                      Eric
                           Eric Woomer is a governmental affairs consultant and lobbyist with extensive senior leadership
                           experience advising legislators at the state and national level as well as business interests ranging
                           from Fortune 100 companies to trade associations to family-owned businesses.

                           Eric has served as Chief of Staff and Legislative Director to three Texas state senators, both
                           Republicans and Democrats, representing areas as diverse as the Texas Panhandle and the Houston
                           Ship Channel. Additionally, Eric served as Press Secretary for U.S. Congressman J.J. “Jake” Pickle,
                           and as a Senior Policy Advisor to U.S. Senator Kay Bailey Hutchison.

                         In 2010, Eric opened Policy Solutions, a full-service public affairs consulting practice. Eric offers
                         his clients legislative tactical guidance and policy expertise on matters related to energy & water,
                         natural resources, health care, economic development policy, and the state budget. These abilities
  are complimented with media management skills and compelling collateral writing – speeches, legislative hearing testimony,
  press conferences & communications materials, briefings, newsletters and white papers.

  A 1988 National Merit Scholar, Eric received a Bachelor of Arts degree in Government from the University of Texas in 1993.
  In 2002, he obtained his Masters of Public Affairs from the University of Texas’ Lyndon Baines Johnson School of Public
  Affairs. He also received the LBJ Award for Academic Excellence, presented annually by former First Lady “Lady Bird”
  Johnson to the school’s top graduates.

  Eric resides in Austin, Texas with his son, Jackson.

                Fun fact: Eric was born in Malawi, Africa, while his parents served in the Peace Corps.

                                   Jocelyn
  Jocelyn Dabeau is a lobbyist and attorney with nearly 20 years of experience advocating on behalf
  of clients across a wide variety of industries, including before the Texas state legislature and many
  state agencies. Dabeau received a B.A. in government with high honors from the University of
  Texas at Austin and a J.D. from Harvard Law School.

  Dabeau began her career in Dallas, Texas at the law firm of Thompson & Knight, LLP. She then
  spent six years working as legal counsel for Texas Instruments, followed by a turn as General
  Counsel and policy advisor for the Texas Health Services Authority. She opened her own law and
  lobby practice in 2011.

  Throughout her career, Dabeau has been active in public service, assisting several non-profit
  entities with their fundraising and public relations efforts, as well as working in direct service roles in her community.
  Dabeau has also served on the Board of Directors for the Downtown Austin Neighborhood City and the Original West
  Austin Neighborhood City, has been an attorney ad litem and a CASA representing children in child custody cases and is
  currently on the board of the Harvard Law School Association of Austin.

          Fun fact: In her free time, Jocelyn enjoys spending time with friends on Lake Austin, dancing, and
                    finding new dog-friendly patio spots for herself and her two pups, Charlie and Lizzie.
Workforce Development &
                        Public Education
During the 2019 session, lawmakers          on CTE; the remainder may be spent          an educator preparation program).
recognized that successful workforce        in other areas at the discretion of the     However, one major barrier to hiring
development occurs when public              school board. Most districts spend          former professionals is teacher pay:
education (K-12), post-secondary            more than that, but many do not spend       districts cannot start those teachers
education and employers work closely        all the money designated for these          at a higher pay scale to align with
together, and when technical job            programs.                                   their years of work experience in
training is properly funded. In the                                                     order to be competitive in the market.
upcoming 2021 legislative session, the      House Bill 334 filed by Rep. Gary Gates     The Legislature and the education
Texas Construction Association along        for consideration by the Legislature        community should consider an “out
with the Texas Workforce Coalition          in 2021, would increase the required        of the box” solution such as allowing
and its partners will work with the         spending of the CTE-weighted                stipends to augment salaries, or signing
Legislature to build on this success        allotment to 90%. Adopting such a           bonuses, or allowing districts to start
and ensure that everyone understand         measure would not only increase CTE         salaries at a higher pay-level. Any
the needs of employers so that talent       offerings to students, but it would         of these solutions should be funded
pipelines are filled with skilled and       also send a strong message to school        through the CTE-weighted allotment.
educated prospective employees              administrators about the importance of
                                            CTE to Texas school children.                       CTE Programs of Study
   K-12 Public Education Funding                                                        Within the state’s A-F accountability
The Career and Technology Education         Another funding issue for the               system, there are certain indicators
(CTE) allotment in the Texas state          2021 Legislature relates to student         by students that help school districts
budget is the amount sent to individual     transportation. It may seem trivial,        receive credit (or a ratings boost) in the
school districts to support the provision   but currently, high school students         student achievement domain for career
of CTE to its students, traditionally in    who participate in work-based               readiness. These indicators are based
high school grades, but the Legislature     learning opportunities (internships,        on how many students achieve one of
added middle schools in 2019. Also in       apprenticeships, etc.) can get to the       the following:
2019, the Legislature set the minimum       company or work site on a school            • Earn an industry-based
percentage that school districts must       bus only through a set route, or by             certification;
spend on CTE programs from the              driving themselves. For some students,      • Complete a coherent sequence of
CTE-weighted allotment at 55%. That         driving their own car or ensuring their         CTE courses (this is discounted to
means that school districts receive a       internship is on a school bus route is          1/2 credit point);
set amount of money from the state          not feasible. A statutory change would      • Complete a level I or level II
associated with CTE and they are            be needed to allow vehicles other               certificate; or
required to spend 55% of those funds        than buses to be used for work-based        • Complete one of the approved
                                                           learning transportation,         industry-based certifications
                                                           and for school district          (IBCs).
                                                           costs, including bus
                                                           and train passes, to be      The current list of approved IBCs is
                                                           covered by the CTE           woefully incomplete and the Texas
                                                           allotment.                   Education Agency’s (TEA) evaluation
                                                                                        process for revising the list is inefficient.
                                                          Finally, the “school          In fact, TEA recently announced that
                                                          district teaching permit”     the next evaluation process will not
                                                          is used widely by districts   be completed until the 2022-2023
                                                          who seek to hire former       school year. This means that the input
                                                          industry professionals        provided by employers about future
                                                          as CTE teachers (those        workforce needs in 2020 will not
                                                          not certified through         be incorporated into classroom

Texas Construction Association 12
Workforce Development & Public Education Continued...
curriculums until the 2023-2024 school       with a higher education partner to         if community colleges could opt into
year. Therefore, to improve efficiency,      serve their needs, the law should allow    a similar funding model for their non-
the responsibility for evaluating and        a community or junior college the first    credit courses – technical training,
revising the IBC list should be given to     right of refusal to meet those needs       certifications, credentials, continuing
another agency – either the State Board      of its community’s employers. If the       education, workforce training – that
of Education, the Texas Workforce            community college is unwilling or          mirrors TSTC’s “returned value”
Commission, the Texas Workforce              unable, local employers should be able     formula? Like TSTC, students would be
Investment Council, or all three.            to invite competing higher education       tracked into the workforce to determine
Additionally, the IBC list should include    and workforce training providers, most     job placements and wages, so data
certifications that students can start in    likely from neighboring communities,       coordination would be a priority.
high school and finish postsecondary.        to partner with them. This will broaden
                                             opportunities for students while better    Regardless of whether an outcomes-
Additionally, there is currently no          meeting the workforces needs of            based funding option is adopted for
study or report on “the state of CTE”        employers.                                 community colleges, employers want
in public education. To truly study
an issue, it is imperative that data and
other information be collected and
published for public consumption.
Therefore, employer groups, including
TCA and the Workforce Coalition,
will encourage the 2021 Legislature to
require the Texas Education Agency
(TEA) to produce a robust report about
CTE every two years.

     Post-Secondary Education
Post-secondary education and training
programs are vital to maintaining
and growing an effective workforce,                Post-Secondary Funding               and need better alignment of data
and while the pandemic will provide          Employers strongly support the Texas       collection between the Texas Higher
challenges for the next state budget         State Technical College (TSTC) model       Education Coordinating Board, the
cycle, now is NOT the time to cut            of outcomes-based funding that pays        Texas Workforce Commission and the
technical training and workforce             the system based on its graduates’         Texas Education Agency in order to
programs. The current economic               income. This unique approach is            collect consistent metrics. State agencies
recession and high unemployment              laser-focused on quality instruction       must collect, share and distribute robust
rates mean Texas should reallocate           and job placement, not the contact-        data on careers, wages, education and
resources to up-skilling and re-skilling                                                program outcomes to better serve
to get more Texans trained for the jobs                                                 employers and to inform students’
that remain, often middle skill trades.          "...local employers                    decisions about their education and
In that vein, it is important to match the                                              ultimately, return on investment.
                                                  should be able to
employers’ workforce needs with post-
secondary educational offerings.                  invite competing                      Education and workforce development
                                                                                        efforts are key to continued operations
Unfortunately, geographical boundaries        higher education and                      and growth of industry, and the
of community colleges can be barriers                                                   Texas Construction Association is
to quality programs in certain areas of         workforce training                      committed to working with legislators,
the state, either by programs offered                                                   staff, and other stakeholders like the
or geography served, but especially in                providers..."                     Texas Workforce Coalition to improve
service areas outside that community                                                    our state’s education-to-workforce
college’s authorized taxing districts.       hour models currently in place for         pipelines, and to remove legislative or
For employers seeking to collaborate         community colleges. However, what          regulatory barriers.

                                                                                       Texas Construction Association 13
Pandemic Liability Protection Legislation
            by George S. Christian, Texas Civil Justice League

With pre-filing of legislation for the     and other entities. Because the Texas       Court has developed a substantial
upcoming 2021 legislative session          Constitution adopts the common              body of precedent interpreting those
already under way, Texas Civil Justice     law of England as the law of decision       statutes, as well as made rule changes
League (TCJL) will propose a package       in state courts (codified in § 5.001,       and judicial decisions unique to our
of protections from COVID-19-related       Civil Practice & Remedies Code), it is      jurisprudence. Any federal law in this
liability for health care providers,       unclear whether the Governor has the        area will merely establish a floor. Texas
businesses,     employers,     product     necessary authority to issue executive      law is in some respects better for civil
manufacturers and distributors, non-       orders suspending or modifying              defendants than the federal proposals
profit       organizations,                                                                         currently on the table,
religious    organizations,                                                                         and legislation tailoring
schools and universities,                                                                           liability protection to our
and local governments.                                                                              law will provide a higher
The proposed legislation is                                                                         level of liability protection.
currently undergoing the                                                                            The federal proposals are
drafting and preparation                                                                            also temporary and limited
process at the Texas                                                                                to the novel coronavirus.
Legislative Council and                                                                             TCJL’s      proposal,      on
will soon be available to                                                                           the other hand, will be
TCJL members for review                                                                             permanent and apply not
and comment.                                                                                        only to the current crisis,
                                                                                                    but to any future pandemic
TCJL staff has been                                                                                 emergencies as well.
working with members of
the TCJL Pandemic Task                                                                               The centerpiece of TCJL’s
Force, as well as allied organizations,    its operation in tort litigation. The       proposal is a strong liability shield
since the summer to develop the            Legislature, consequently, must act         protecting a person, including the
proposal. To assist the work of the Task   in order to follow our sister states in     person’s agent or employee, from
Force, we enlisted the counsel of three    making sure that the pandemic crisis        an action alleging personal injury
of the state’s pre-eminent attorneys and   does not become a litigation crisis for     or death resulting from another
legal experts: former Texas Supreme        those who have acted in good faith,         person’s exposure to a pandemic
Court Chief Justice Tom Phillips,          either to deliver the critically needed     disease (i.e., a disease that the World
former Senator and Chancellor of the       treatments, drugs, equipment, and           Health Organization or U.S. Centers
Texas Tech University System Bob           vaccines to those afflicted by the virus,   for Disease Control and Prevention
Duncan, and the League’s longtime          or to the businesses and other entities     declare as a pandemic). The proposal
consulting litigation counsel Shannon      who have followed appropriate public        requires a person alleging the exposure
Ratliff. They have provided invaluable     health guidelines to prevent or mitigate    to establish by clear and convincing
insight and advice on the specific         the spread of the virus.                    evidence that:
language of the proposal and bringing                                                  • The claimant’s harm resulted from
it to the point of formal drafting.        Regardless of whether Congress enacts           the defendant’s gross negligence;
                                           liability protections at the federal        • Reliable scientific evidence
More than 20 state legislatures            level (which looks uncertain at best),          establishes that the defendant’s
have enacted some form of liability        the Legislature must still put Texas-           conduct was the cause in fact of
protection from exposure to the novel      specific laws on the books. Since the           the claimant’s exposure; and
coronavirus, and the governors of          advent of the tort reform era in the        • The claimant suffered serious
some others have issued executive          mid-1980s, the Legislature has adopted          bodily harm or death as a result of
orders extending a liability shield        numerous statutes modifying the                 contracting the disease.
to health care providers, businesses,      common law, and the Texas Supreme                                 Continued on page 17...

Texas Construction Association 14
Our TX Mutual Safety Group program         our members. This is a combination
                                      is continuing to have phenomenal           of the regular dividends along with the
                                      success in growth, dividends and           safety group dividend. Dividends are
                                      loss ratios. As of November 30, we         not guaranteed, but Texas Mutual has a
                                      had reached a group premium of $73         track record of never missing a year in
                                      million with 1788 policy holders. Our      paying one. The longer a company is
                                      current loss ratio is 24.1% which has us   insured with Texas Mutual and in the
                                      comfortably in dividend range so far       group, the higher the percentages can
                                      for this term. The payroll represented     be. The Texas Mutual dividend has a
                                      for our members is almost $3.8 billion.    loyalty component to it.
                                      Thank you to all of the TCA members        Accessing the insurance group is
                                      who are utilizing this benefit. Your       simple. Just ask YOUR agent to request
                                      participation makes the work of TCA        a quote in the group from Texas Mutual.
                                      possible.                                  Additional answers can be found at
                                      To those of you who aren’t participating   www.TXConstructionWC.com or by
                                      currently, the examples below might be     calling me, program administrator,
Gina O’Hara
                                      eye-opening to you. This is the Texas      Gina O’Hara at 512-330-9836, ext.
Program Administrator for
                                      Mutual dividend history for three of       6324. info@txconstructionwc.com
Texas Construction Safety Group

                          Texas Mutual Dividend Examples
  Example 1 - Painter
                                         Company            TCA Safety               5 Yr. Net     % Premium
  Policy Effective    Total Premium      Dividends          Group Dividends          Premium       Returned
  2015-2020           $194,159           $129,241           $16,348                  $56,570       70.86%

   Example 2 - Mason
                                         Company            TCA Safety              5 Yr. Net      % Premium
   Policy Effective   Total Premium      Dividends          Group Dividends         Premium        Returned

   2015-2020          $565,940           $175,100           $46,277                 $344,563       39.12%

  Example 3 - Electrician
                                         Company            TCA Safety               5 Yr. Net     % Premium
  Policy Effective    Total Premium      Dividends          Group Dividends          Premium       Returned
  2015-2020           $98,994            $33,735            $7,095                   $58,164       41.24%

                                                                                 Texas Construction Association 15
Commercial Vehicle Litigation
                        By the Numbers
                                            by Texans for Lawsuit Reform
As we’ve all seen in the past few months,                   Transportation (TXDOT), but many do                      insurance, ranging from a minimum of
our wellbeing depends on commercial                         not. Of those registered with TXDOT, a                   $300,000 to a maximum of $5 million.
vehicles delivering services and goods                      great majority are small, “mom and pop”                  Many carry more insurance than the
to distribution centers, retail outlets                     operations. In fact, nearly 88 percent                   minimum, with layers of insurance
and our front doors. It’s big business                                                                               reaching into the multi-millions.
and it is essential. Unfortunately,
lawsuits against commercial vehicle                          Motor vehicle accident                                  In addition to having a substantial
owners and operators have also become                                                                                amount of insurance available to
big business for the cadre of plaintiff                      lawsuits in Texas have                                  pay crash-related damages, many
lawyers who are endlessly searching for                                                                              companies       running      commercial
another big payoff.
                                                                    been increasing.                                 vehicles have tangible assets that can be
                                                                                                                     subject to judgments. In other words,
Commercial vehicle litigation is                            of active carriers registered in Texas                   through insurance and their own assets,
reaching a tipping point that, unless                       operate 10 or fewer vehicles. We believe                 these companies have deep pockets,
addressed by the Texas Legislature, will                    many of the commercial vehicles that                     which are irresistible to personal injury
result in business failures, increased                      are not registered with TXDOT are also                   trial lawyers.
costs of doing business for the                             operated by small businesses, providing
companies that survive, and increased                       services that range from swimming                            Trial Lawyer Targeting of
costs for the goods and services we                         pool cleaning to pest control. These are                   Commercial Vehicles is Working
all need. We simply can’t allow these                       small business owners doing their part                   Personal injury trial lawyer ads
essential businesses to continue serving                    to create jobs and make a living. And all                seeking clients to file car crash lawsuits
as punching bags for personal injury                        of them are targets for personal injury                  are ubiquitous on television, in
trial lawyers.                                              lawyers because they all have deep                       newspapers and on billboards. Many
                                                            pockets.                                                 of the advertisements specifically seek
           Defining the Players                                                                                      clients to sue owners and operators of
Commercial vehicles fall into a number                      Yes, even the mom and pop operators                      commercial vehicles. The advertising
of classes, from minivans used to                           of commercial vehicles have “deep                        seems to be working.
deliver flowers to big rigs that carry                      pockets” because a commercial
goods across the nation. Some must                          vehicle operating in Texas must carry                    Motor vehicle litigation is increasing
register with the Texas Department of                       a substantial amount of liability                        in Texas, while other kinds of personal
                                                                                                                     injury litigation are decreasing.
           Breaking Down Commercial Vehicle Litigation in Texas                                                      According to the Texas Office of Court
                                                                                                                     Administration, the number of motor
                                                                                                                     vehicle lawsuits has increased steadily
                                                                                                                     since fiscal year 2008, climbing 118
                                                                                                                     percent from fiscal year 2008 to fiscal
                                                                                                                     year 2019. During the same period,
                                                                                                                     other kinds of injury and damage cases
                                                                                                                     decreased seven percent.

                                                                                                                     In addition to an increase in the
                                                                                                                     number of lawsuits involving a motor
                                                                                                                     vehicle of any kind, the lawsuit-to-
                                                                                                                     crash ratio is increasing over time. By
   Source: Texas Department of Motor Vehicles, Office of Court Administration, Texas Department of Transportation.   2019, Texas had reached the point that
                                                                                                                     a lawsuit was filed in about one out of

Texas Construction Association 16
Commercial Vehicle Litigation Continued...
10 vehicle crashes. Just 11 years earlier,                   Trucking’s Contribution to the Texas Economy
in 2008, the lawsuit-to-crash ratio was
one in 17. This is a 71 percent increase
in the lawsuit-to-crash ratio in only 11
years. Anecdotal information we have
received indicates the lawsuit-to-crash
ratio may be closer to one in five if a
large truck is involved.

Based on the data, it appears Texas is
moving toward a litigation environment
in which a collision with a truck—no
matter who is at fault and no matter the
severity of the event—is an opportunity
to hire a plaintiff ’s lawyer promising
riches. That is simply not a place we can
afford to go.                                                             Source: Texas Department of Transportation

 Pandemic Liability Protection Legislation Continued...
Moreover, to maintain the lawsuit, the        the proposal, a product provider is not            produced a proposal applicable to
claimant must serve the defendant with        liable unless it:                                  physicians and health care providers
a report by a qualified expert setting        • Had actual knowledge of a defect                 (including first responders) that closely
out the factual and scientific basis of the        when the product left its control;            parallels the placeholder language in
claim (as currently required for health       • Acted with deliberate intention,                 the TCJL draft. This language will be
care liability claims).                            actual malice, or reckless disregard          substituted into the TCJL draft so that
                                                   in designing, manufacturing,                  we go forward with identical proposals.
In addition to these heightened                    labeling, selling, or donating the            It will protect providers from liability
requirements for establishing liability,           product; and                                  except in the case of reckless conduct
the proposed legislation also creates         • The defective product presents an                or intentional, willful, or wanton
an affirmative defense to liability if             unreasonable risk of substantial              misconduct. It will also extend
the defendant acted in compliance or               harm to the person using or                   protection beyond the immediate
consistent with one of the following:              exposed to the product.                       context of providing treatment to
federal or state law or regulations,                                                             persons exposed to the virus to the
a presidential or gubernatorial               The same standards apply to a claim                collateral effects of the pandemic, such
executive order or declaration, an            based on a failure to warn or the                  as delaying or canceling scheduled
action of a local government entity,          provision of inadequate instructions               procedures, office visits, diagnostic
or recommendations or guidance of a           regarding the use of the product. They             tests, or other treatment of a non-
public health authority.                      also apply to a governmental unit, health          pandemic disease or condition. These
                                              care provider or institution, educational          protections will be in addition to those
TCJL’s proposed legislation also              institution, non-profit organization,              applying to emergency care under
provides robust protections for product       first responder, or a business, including          current law.
manufacturers, distributors, sellers,         an agent or employee of the business,
and other providers of products used          that selects, distributes, or uses a               With these proposed changes in place,
to treat, prevent, or mitigate the spread     product.                                           Texas will be better positioned to
of a pandemic disease. The legislation                                                           properly address liability related to
contains a broad definition of qualified      Health care provider organizations                 the current COVID-19 pandemic and
products, including vaccines, drugs,          operating    under   the     umbrella              any future pandemics that may occur.
and treatments; medical devices,              organization Texans Allied for Patient             Doing so is necessary to assign liability
equipment, and supplies; personal             Access (TAPA), including TCJL                      appropriately during difficult times.
protective equipment; sanitization            members Texas Medical Association
products; and diagnostic tests. Under         and Texas Hospital Association, have
                                                                                                 Texas Construction Association 17
Texas Economic
                   Protection & Recovery Act
Texas job creators and workers have
                                  Texas (ASSET), TCA is advocating employ millions of Texans.
suffered massive uncertainty due to
                                  for smart economic policies that
the pandemic, hurting families andwill allow job creators to not only The Texas Economic Protection and
our economy. Small, medium and    operate, but thrive, and continue to Recovery Act (TEPRA) will help
large businesses alike have all tried                                  restart our economy and encourage
valiantly to continue operations and     We need smart                 job creation and investment in all
maintain staffing levels, but as the                                   corners of the state. By focusing on
COVID-19 health crisis continues   economic policies that core principles such as local mandate
it is getting harder and harder                                        preemption, liability protections,
for businesses to operate at pre-
                                   will allow job creators and workforce development,
pandemic levels.                     to not only operate,              TEPRA will ensure that job creators
                                                                       in Texas do not have their hands
As one of the twenty-two business        but thrive, and               tied by policies that hurt economic
and industry association members                                       growth. Allowing job creators to do
that have joined together to form
                                     continue       to  employ         what they do best is the key to the
the Alliance for Securing and        millions of Texans.               state’s ability to recover and come
Strengthening the Economy of                                           back stronger than before.

Texas Construction Association 18
Texas Construction Association Annual Report                                            SPECIAL ADVERTISING SECTION

          CONSTRUCTION AND
          COVID-19 SAFETY
          Recommended Safety Precautions
          See TCA’s home page at www.texcon.org
          for more extensive resources on COVID-19.

          • MONITOR local, state and federal                • LIMIT in-person meetings as much as
            authorities’ recommendations concerning           possible, limit the number of workers
            the pandemic. Use the latest information to       in attendance, and implement social-
            inform safety protocols on the jobsite.           distancing practices.

          • SHARE information about the pandemic            • IDENTIFY and minimize choke points where
            with employees.                                   workers stand together, such as hallways,
                                                              hoists and elevators, ingress and egress
          • TRAIN workers on the signs and symptoms           points, and break areas.
            of COVID-19 and how the disease is
            spread, including that infected people can      • KEEP 6 ft of distance between passengers
            spread the virus even if they do not have         in elevators and personnel hoists, and
            symptoms.                                         equip operators with the appropriate
                                                              respiratory protection and other PPE.
          • DISINFECT all shared spaces, as well
            as portable toilet and hand-washing             • COORDINATE site deliveries for minimal
            facilities. Keep hand-sanitizer dispensers        contact. Have delivery personnel remain in
            filled and readily available.                     their vehicles if possible.

          • PRE-SCREEN workers before entry to assess       • ADOPT staggered work schedules. Provide
            potential exposures and circumstances in          alternating workdays and/or extra shifts to
            the work environment.                             help minimize the number of employees on
                                                              a jobsite at a given time.
          • ENFORCE the wearing of masks over noses
            and mouths to help prevent spreading the        • ENSURE that shared indoor spaces have
            virus in aerosol droplets.                        good airflow, such as by turning on an air-
                                                              conditioner or opening windows.
          • ENACT tight controls over jobsite access,
            including screening of all visitors to a
            construction site in advance of arrival.

          • EDUCATE the workforce on the types,
            proper use, limitations, locations, handling,
            decontamination, removal and disposal
            of any personal protective equipment
            (PPE) being used.

                                                                               Texas Construction Association 19
36 | December 7/14, 2020                                                         enr.com/texas-louisiana/resources/SpecialAd
Largest Dividend in TCA's History
Year 2020 saw some remarkable, historic events. One event in which many TCA Member
Companies shared was the distribution of $4,800,000 in Safety Group dividends from Texas
Mutual Insurance Company, the leading workers' compensation insurance company in Texas.
The TCA Member Companies receiving group dividends (these are in addition to the individual
company dividends from Texas Mutual) were
those who are insured with Texas Mutual
in the Texas Construction Safety Group.
With over 1,700 TCA Member Companies,
the Texas Construction Safety Group is the
largest such group in Texas. Congratulations
to TCA Member companies in the Safety
Group! Keep up the great work of elevating
Safety to the highest priority level at the office
and on job sites. It pays!

   In 2020 TCA Member
     Companies shared                                Built to Last.
          $4,800,000
                                                     Our group constructs bigger dividends and a safer workplace for you.

                                                      Members of the Texas Construction Safety Group are

                                                      eligible to receive extra dividends, a greater discount on their

         in Safety Group                              workers’ comp premiums and more. If you are committed to a
                                                      higher level of safety, join other leaders in your field to

          dividends from
                                                      maximize the rewards. Be part of a safer Texas.

                                                      To learn more about becoming a member, contact

           Texas Mutual
                                                      your agent or Gina O’Hara at (979) 774-6238 or
                                                      info@txconstructionwc.com.

    Insurance Company
            JOIN US!                                 While we can’t guarantee dividends every year, Texas Mutual has returned
                                                     $3.1 billion to safety-conscious policyholder owners since 1999.
                                                                        © 2 020 Texas Mutual Insurance Company
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