HB 3712

bill barring retainage on delivered custom-built materials

Did not pass

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to funds reserved for certain construction materials.

Caption from analyzed text · version I.

Summary

Once delivered, accepted and under warranty, the money can’t be held back.

The bill bars an owner, contractor, or subcontractor from holding back retainage funds under the state's construction lien law for specially fabricated material once a subcontractor has delivered it, it has been accepted, and it carries a manufacturer's warranty. It touches construction owners, general contractors, and the subcontractors who supply custom-built materials. Subcontractors on new contracts signed on or after September 1, 2025 get paid for that delivered, warrantied material instead of waiting on the usual reserved funds.

Labels

Labels: STALLED AFTER COMMITTEE. Voted out of the House Trade, Workforce & Economic Development committee 8-0 on Apr 30, 2025. Placed on the General State Calendar on May 15, 2025. The bill died.

Receipt

The receipt

89R-HB3712 · 2025-03-04

SOLD BY

Rep. Ryan GuillenRHouse 31

ITEM

relating to funds reserved for certain construction materials.

WHAT IT DOES

Once delivered, accepted and under warranty, the money can’t be held back.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Mar 4, 2025Filed
Mar 26, 2025Read first time
Mar 26, 2025Referred to Trade, Workforce & Economic Development
Apr 15, 2025Scheduled for public hearing on . . .
Apr 15, 2025Considered in public hearing
Apr 15, 2025Committee substitute considered in committee
Apr 15, 2025Testimony taken/registration(s) recorded in committee
Apr 15, 2025Left pending in committee
Apr 30, 2025Considered in public hearing
Apr 30, 2025Committee substitute considered in committee
Apr 30, 2025Reported favorably as substituted
May 5, 2025Comte report filed with Committee Coordinator
May 5, 2025Committee report distributed
May 6, 2025Committee report sent to Calendars
May 13, 2025Considered in Calendars
May 15, 2025Placed on General State Calendar

ALSO NOTED · NOT CHARGED (1)

CARVE-OUT · analysis confidence 30%

THE TEXT

…“reserve funds under this section for specially fabricated material”…

Bill text, introduced version (I)

The relief from retainage goes only to suppliers of specially fabricated material, one kind of product. The caption does say the bill covers certain construction materials, so the favor is disclosed.

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Ryan Guillen

Donors

Frontera Texas PAC$160K Texas Sands PAC$121K Associated Republicans of Texas Campaign Fund$23K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Frontera Texas PAC$160,007.97

Frontera Texas PAC

$160,007.97

Cash: $0.00
Paid by others: $160,007.97
Total: $160,007.97

Other filed descriptions $73,500.00mail $40,000.00mailing $19,429.94texting $18,144.37digital $8,211.55printing $722.11

Also funds 3 other sitting lawmakers.

Derived recipient stock · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Dec 30, 2025 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101062168, 101070155, 101073001.

Texas Sands PAC$120,875.00

Texas Sands PAC

$120,875.00

Cash: $113,500.00
Paid by others: $7,375.00
Total: $120,875.00

polling $7,375.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 14, 2024 to Sep 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100989191, 101033369, 101062168, 101073001.

Associated Republicans of Texas Campaign Fund$22,795.90

Associated Republicans of Texas Campaign Fund

$22,795.90

Cash: $0.00
Paid by others: $22,795.90
Total: $22,795.90

polling $15,000.00Other filed descriptions $7,352.14texting $443.76

Also funds 20 other sitting lawmakers.

Derived recipient stock · Nov 4, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 15, 2025 to Sep 10, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101070155.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Frontera Texas PAC

$160,007.97

Cash: $0.00
Paid by others: $160,007.97
Total: $160,007.97

Other filed descriptions $73,500.00mail $40,000.00mailing $19,429.94texting $18,144.37digital $8,211.55printing $722.11

Also funds 3 other sitting lawmakers.

Derived recipient stock · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Dec 30, 2025 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101062168, 101070155, 101073001.

Texas Sands PAC

$120,875.00

Cash: $113,500.00
Paid by others: $7,375.00
Total: $120,875.00

polling $7,375.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 14, 2024 to Sep 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100989191, 101033369, 101062168, 101073001.

Associated Republicans of Texas Campaign Fund

$22,795.90

Cash: $0.00
Paid by others: $22,795.90
Total: $22,795.90

polling $15,000.00Other filed descriptions $7,352.14texting $443.76

Also funds 20 other sitting lawmakers.

Derived recipient stock · Nov 4, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 15, 2025 to Sep 10, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101070155.

Votes

No floor vote loaded for this bill.

Witnesses9

For: 6
Against: 3
On: 0

Names

For

Indepemdent Electrical Contractors of Texas1 registration
Self; Precast Concrete Manufacturers Association (PCMA)2 registrations
Self; Precast Concrete Manufacturers’ Association1 registration
Texas Construction Association1 registration
Texas Water Infrastructure Network (TXWIN)1 registration

Against

Texas Association of Manufacturers1 registration
Texas Chemistry Council1 registration
TXOGA1 registration

Sources

9 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 4, 2025

05/15/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Trade, Workforce & Economic Development · Committee vote 8 aye, 0 nay, 3 absent · Out of committee

Companion

SB 2131 by Hinojosa, Juan "Chuy" (identical)

Subjects

Property Interests--General

Property Interests--Mortgages & Liens

CONSTRUCTION & BUILDING MATERIALS

CONTRACTORS & SUBCONTRACTORS

CONTRACTORS' LIENS

Text

The text as introduced · 179 words

By: Guillen
H.B. No. 3712

A BILL TO BE ENTITLED

AN ACT

relating to funds reserved for certain construction materials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 53.101, Property Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) An owner, contractor, or subcontractor may not

reserve funds under this section for specially fabricated material

that:

(1) has been delivered by a subcontractor and accepted

by the owner, contractor, or subcontractor at the site or off-site;

and

(2) is covered by a manufacturer's warranty under a

contract with the owner, contractor, or subcontractor.

SECTION 2. The changes in law made by this Act apply only to

an original contract that is entered into on or after the effective

date of this Act. An original contract entered into before the

effective date of this Act is governed by the law as it existed

immediately before the effective date of this Act, and the former

law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.