SIGNIFICANT FLOOR ACTION

S.B. 160 (Williams), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality.  Passed the Senate.

S.B. 173 (West), Relating to civil remedy of violations of certain municipal health and safety ordinances.  Passed the Senate.

S.B. 181 (Shapiro), Relating to the reporting of water conservation measures by municipalities and water utilities.  Passed the Senate.

S.B. 244 (Patrick), Relating to the continuing education requirements for certain peace officers.  Passed the Senate.

S.B. 309 (Harris), Relating to the events eligible to receive funding through a major events trust fund.  Passed the Senate.

S.B. 316 (Whitmire), Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition.  Passed the Senate.

S.B. 350 (Williams), relating to the restructuring of fund obligations and accounts of the Texas Municipal Retirement System and related actuarial and accounting procedures.  Passed the Senate.

S.B. 361 (Duncan), relating to indemnification provisions in construction contracts.  Passed the Senate.  As passed by the Senate, the bill would essentially eliminate “broad form” indemnification in construction contracts by, among other things, providing: (1) that a provision in a construction contract, or in an agreement collateral to or affecting a construction contract, is void and unenforceable as against public policy to the extent that it requires an indemnitor to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim caused by the negligence or fault, the breach or violation of a statute, ordinance, governmental regulation, standard, or rule, or the breach of contract of the indemnitee, its agent or employee, or any third party under the control or supervision of the indemnitee, other than the indemnitor or its agent, employee, or subcontractor of any tier; (2) for an exception to (1), above, for a provision in a construction contract that requires a person to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim for the bodily injury or death of an employee of the indemnitor, its agent, or its subcontractor of any tier; (3) that provision in a construction contract that requires the purchase of additional insured coverage, or any coverage endorsement or provision within an insurance policy providing additional insured coverage, is void and unenforceable to the extent that it requires or provides coverage the scope of which is prohibited for an agreement to indemnify, hold harmless, or defend; (4) for certain exclusions from (1), above; and (5) that the provisions of the bill may not be waived by contract or otherwise.

S.B. 370 (Seliger), Relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project.  Passed the Senate.

S.B. 396 (Deuell), Relating to the state fire marshal's investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident.  Passed the Senate.


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