Mason Contractors: Misclassify Employees in Texas, Get Penalized

Words: Dan KamysMason Contractors: Misclassify Employees in Texas, Get Penalized

Construction subcontractors are celebrating new laws in Texas that will allow them to enforce government contracts, penalize competitors that get an unfair advantage by misclassifying employees as independent contractors, prohibit bid shopping by government entities, and create a pathway to careers in the construction industry.

“The legislation recently signed into law will improve the business environment for construction subcontractors and make the construction process more efficient and potentially less costly,” said 2012-13 American Subcontractors Association President Walter Bazan Jr., Bazan Painting Co., St. Louis, Mo.

On June 14, Texas Gov. Rick Perry (R) signed into law three bills:

  • HB 586 waives the state’s sovereign immunity in construction contract disputes, allowing certain design and construction companies to sue state agencies for breach of contract.
  • HB 2015 amends the Labor Code, requiring that employers ensure that workers performing under government contracts are properly classified as an employee or independent contractor.
  • HB 1050 prohibits bid shopping after a government entity has made a selection and changes design-build requirements. The new law also restricts a local government entity from entering a contract in an amount greater than $50,000 “to purchase construction-related goods or services through a purchasing cooperative” under certain circumstances.

On June 10, Gov. Perry also signed into law HB 5, which creates increased opportunities for high school students to pursue vocational education. “This law takes a huge step toward addressing our state’s shortage of skilled workers by giving young people a pathway to lucrative careers in construction trades construction, including welding, logistics, automotive technology, agricultural science, and heating, ventilation, and air conditioning,” said ASA of Texas President Mackie Bounds, Brazos Masonry Inc., Waco, Texas.

All of the new laws will take effect on Sept. 1, 2013, except HB 2015, the worker classification act, which will take effect on Jan. 1, 2014.
What’s in your Dumpster?
December 2025

If you want a true read on how a job is running, take a walk to the dumpsters. Most sites have two. One for cement and steel. One for everything that did not make the cut. Those bins are open ledgers. They record the habits, shortcuts, and fixes that shap

Shayne Sanders
MAP Partner
Read More
The Florida Department of Corrections Masonry Competition
December 2025

The intersection of Career & Technical Education (CTE) training and rehabilitation was on full display recently as the Florida Department of Corrections (FDC) hosted a statewide masonry competition. Held at the Cross City Correctional Institution, the eve

Justin Stengel
News and Events
Read More
Southwest Scaffolding Renews Silver Partnership in the 2026 Masonry Alliance Program
December 2025

The Mason Contractors Association of America (MCAA) is pleased to announce that Southwest Scaffolding will renew its Silver partnership in the 2026 Masonry Alliance Program.

Industry News
Read More
From Raw Material To Art: Bringing Toothless To Life
December 2025

“The next project is already waiting in the wings, but that’s another story.” That was how I ended my article on the T-60 helmet from the world of Fallout in the July 2024 issue of Masonry Magazine. And that is exactly where this new chapter begins.

News and Events
Read More