HB 408

bill barring TxDOT from favoring ESG road materials

Did not pass

Verdict: No flags

No flagsInitial review

Rep. Caroline Harris DavilaRHouse 52

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 the awarding of contracts by the Texas Department of Transportation for certain materials used in road construction projects.

Caption from analyzed text · version I.

Summary

Only when the greener stuff costs more or lasts less.

The bill bars the Texas Department of Transportation from favoring a road-project bid because its materials meet environmental, social, and governance standards, including carbon emission standards. The ban applies only when those materials cost more for what they deliver or last less long than other materials for the same project. TxDOT bid reviewers would have to stop scoring green-material proposals ahead of cheaper or tougher alternatives starting September 1, 2025.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 2977 (Did not pass) and this bill (Did not pass). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 2977 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.STALLED AFTER COMMITTEE. Voted out of the House Transportation committee 11-1 on Mar 27, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB408 · 2024-11-12

SOLD BY

Rep. Caroline Harris DavilaRHouse 52

Rep. Jared PattersonRHouse 106

Rep. Tom CraddickRHouse 82

+ 2 coauthors

ITEM

relating to the awarding of contracts by the Texas Department of Transportation for certain materials used in road construction projects.

WHAT IT DOES

Only when the greener stuff costs more or lasts less.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 19, 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

Nov 12, 2024Filed
Feb 28, 2025Read first time
Feb 28, 2025Referred to Transportation
Mar 20, 2025Scheduled for public hearing on . . .
Mar 20, 2025Considered in public hearing
Mar 20, 2025Testimony taken/registration(s) recorded in committee
Mar 20, 2025Left pending in committee
Mar 27, 2025Considered in public hearing
Mar 27, 2025Reported favorably w/o amendment(s)
Apr 8, 2025Comte report filed with Committee Coordinator
Apr 8, 2025Committee report distributed
Apr 8, 2025Committee report sent to Calendars
Apr 30, 2025Considered in Calendars

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Caroline Harris Davila

Donors

Texans for Lawsuit Reform PAC$961K Texas Conservative Majority PAC$739K Court Reform Action for Familes Texas PAC$75K

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 · Oct 27, 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.

Texans for Lawsuit Reform PAC$960,552.08

Texans for Lawsuit Reform PAC

$960,552.08

Cash: $85,000.00
Paid by others: $875,552.08
Total: $960,552.08

advertising $595,238.00mail $237,770.40polling $42,460.35fundraiser $83.33

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 23, 2025 to Oct 23, 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: 101008087, 101031516, 101035818, 101040655, 101057099, 101067933, 101070037.

Texas Conservative Majority PAC$739,102.00

Texas Conservative Majority PAC

$739,102.00

Cash: $200,000.00
Paid by others: $539,102.00
Total: $739,102.00

canvassing $430,352.00advertising $100,000.00polling $8,750.00

Also funds 42 other sitting lawmakers.

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

TEC account match.

Team

Sources

Derived itemized flow · Sep 8, 2026 to Oct 23, 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: 101067933, 101070037.

Court Reform Action for Familes Texas PAC$75,000.00

Court Reform Action for Familes Texas PAC

$75,000.00

Cash: $75,000.00
Paid by others: $0.00
Total: $75,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Oct 6, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Oct 6, 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: 101070037.

Money

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

Texans for Lawsuit Reform PAC

$960,552.08

Cash: $85,000.00
Paid by others: $875,552.08
Total: $960,552.08

advertising $595,238.00mail $237,770.40polling $42,460.35fundraiser $83.33

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 23, 2025 to Oct 23, 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: 101008087, 101031516, 101035818, 101040655, 101057099, 101067933, 101070037.

Texas Conservative Majority PAC

$739,102.00

Cash: $200,000.00
Paid by others: $539,102.00
Total: $739,102.00

canvassing $430,352.00advertising $100,000.00polling $8,750.00

Also funds 42 other sitting lawmakers.

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

TEC account match.

Team

Sources

Derived itemized flow · Sep 8, 2026 to Oct 23, 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: 101067933, 101070037.

Court Reform Action for Familes Texas PAC

$75,000.00

Cash: $75,000.00
Paid by others: $0.00
Total: $75,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Oct 6, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Oct 6, 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: 101070037.

Votes

No floor vote loaded for this bill.

Witnesses3

For: 2
Against: 0
On: 1

Names

For

AGC of Texas1 registration
Self1 registration

On

Texas Department of Transportation (TxDOT)1 registration

Sources

3 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 I · source

Sources

Fiscal note · version I · March 19, 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.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 2977

by Rep. Caroline Harris, same lead author · Did not pass · same text

Introduced text

Last action, May 11, 2023: Placed on General State Calendar

Relating to the awarding of contracts by the Texas Department of Transportation for certain materials used in road construction projects.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

04/30/2025 H Considered in Calendars

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.

Coauthors

Will MetcalfRHouse 16

Joanne ShofnerRHouse 11

House committee · Transportation · Committee vote 11 aye, 1 nay, 1 absent · Out of committee

Companion

SB 2953 by Hagenbuch (identical)

Subjects

Environment--General

Transportation--Miscellaneous

COMPETITIVE BIDDING

CONSTRUCTION & BUILDING MATERIALS

TRANSPORTATION, TEXAS DEPARTMENT OF

Text

The text as introduced · 151 words

89R2937 SRA-D

By: Harris Davila
H.B. No. 408

A BILL TO BE ENTITLED

AN ACT

relating to the awarding of contracts by the Texas Department of

Transportation for certain materials used in road construction

projects.

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

SECTION 1. Subchapter B, Chapter 223, Transportation Code,

is amended by adding Section 223.0471 to read as follows:

Sec. 223.0471. PROHIBITED PREFERENCE FOR CERTAIN BIDS BASED

ON USE OF ENVIRONMENTAL, SOCIAL, AND GOVERNANCE CRITERIA FOR

MATERIAL SELECTION. In comparing bids for materials to be used in a

project to which this chapter applies, the department may not give a

preference to a bid that proposes using certain materials based on

environmental, social, and governance criteria, including carbon

emission criteria, if the proposed materials are less cost

effective or durable than alternative materials for the same

project.

SECTION 2. This Act takes effect September 1, 2025.