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Quarterly Board Meeting Saturday, January 18, 2020
4:00 p.m.
Hilton Garden Inn
5800 Legend Lake Pkway
Waco, TX 76712
RSVP by DECEMBER 20, 2019
325-340-8370 or [email protected]
NEWSLETTERP. O. Box 36 • Rowena, TX 76875
Ph: 325-340-8370 • Email: [email protected] Trooper Irving, PH: 1-210-857-0041
Charles Frerich, Ex. Sec
Winter - 2020
From the
Earthmoving Contractors
Family
to
Yours
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Dear Members and Associates,It’s hard to believe it’s the Holiday season again.
Whether you’re ready for it or not it’s here. Of course, the stores have had the Christmas decorations out since Halloween. It seems that the reason for Christmas has been lost in the business world in lieu of making a dollar. I want to take this opportunity to ask you to remember what this season is about and count your blessings. I realize we all work hard and need an extra day in the week to try and get the job finished so you can move on to the next one. But we have to take time to enjoy family and take time for ourselves. We have had really nice weather recently, although cold at times, to get some quality work time in.
Please remember to promote Earthmoving Contractors Association of Texas so we can continue to grow. Talk to fellow contractors and encourage them to join Earthmoving Contractors Association of Texas. The new website is off and running along with LinkedIn and Facebook. Look on the back of this newsletter and you will see a membership form. Either cut it off and give it to somebody or if you are through with the newsletter pass it on to someone else. Other members have found this to be a useful tool.
I look forward to seeing you all January 19, 2020 at the Hilton Garden Inn at Waco. The hotel is located close to where we have stayed before. Please save the date and get it on your calendar so we can get as many directors there as possible. There is a lot of good information at these meetings and your input is needed. Please remember that there is seventy-two-hour cancellation policy at most hotels. I understand when circumstances are beyond your control and things happen but cancellations at the last moment costs the association.
See you in Waco!
Trooper Irving, President
BOB TURNER RURAL ISSUES CONSULTINGVoss, Texas cell text 325 669 1717 Austin, Texas
Autumn is here – complete with a few very early below freezing nights. The thing we need to watch even closer than that – is the fact that this December 9th is the deadline for candidates to file for next year’s 2020 elections. There is lots of scurrying about. Holding of candidate campaign fund raisers – is going at break-neck speed. I am very cautious about making campaign contributions this early on – when we are not even certain who else might be filing. ‘Tis the season for campaigning – raising money to pay for campaigns – and the making of campaign promises. Beware of those candidates who promise you that “HE OR SHE” will save us – and our state or nation from “our selves”. Of course - we do have tried and true friends who are running for re-election. We should be about helping them raise the necessary funds to help keep them in office – and in a position to continue to help us – and our concerns and interests.
A number of interesting events are taking place at the State Capitol. One unusual thing that I have just noticed – is the fact that Governor Abbott has assumed a new role. He has announced that he now has the authority to approve and/or disapprove rules made by state agency heads. Just this week he has expanded this new role – to include determining how much each agency may charge for services they render – as well as required licenses to perform certain functions. This is a bit unusual – since the budget that the legislature prepared – and the governor approved- did not provide adequate general revenue to operate the agencies. Prior to that - the legislature and legislative budget board had directed each state agency to raise the necessary funds to maintain their required levels of service - through fees and licenses. This directive was to provide the necessary monetary flow – without requiring the legislature to up the overall budget.
Now – another new action by the governor has
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directed most agencies to reduce these fees and licenses in cost.
These directed reductions in revenue will mean millions of dollars less in state revenue – both to the agencies – as well as to the state general revenue budget fund. I thought you might find this set of facts and circumstances interesting - - I do.
We are in this interim period between legislative sessions – when interim hearings by Senate and House committees will be hearing proposals for issues – which will then be proposed as possible legislation during the next legislative session. The Lt. Governor has already delivered the topics to be included in these hearings – to Senate committee chairpersons. The Speaker of the House has not done this as of my writing this report. This hold up of the House announcing their topics for these hearings is probably due to the fact that Speaker Bonnen has gotten himself in a position – whereby he has announced that he will not seek reelection. Keep in mind that this is his first session to be the Speaker. Now the legislature will be choosing “another” new speaker – just like occurred during the current session.
This is a crucial time for us to watch not only these interim hearings – but to attempt to monitor and where possible to influence the 2020 elections. This pertains to both primary elections – as well as next fall’s general elections. All this will play a major role in who creates our redistricting maps – during the 2021 legislative session. The 2000 census will have a major impact of the size and geographic make up of our new legislative districts. It is a forgone fact – that the state’s population gains have been in certain urban and suburban areas of the state. Based on their population gains – versus our rural population losses – our rural representation will shrink to an even smaller number than we currently have. As we know - our rural voice is small at this time. After the 2021 redistricting – we know that our voice will shrink to an even smaller number. We must rely on QUALITY of our rural legislative representation – not on numbers alone.
The 2019 Family Land Heritage Ceremony took place on October 30, 2019 at the Texas State Capitol. The day began with a breakfast for the sponsors of the day followed by a BBQ meal for all Award Honorees and their family. Even though it was a cold and rainy day, the honorees enjoyed the recognition as well as the guided tour of the Capital followed by the Award Ceremony.
The Family Land Heritage Program is a recognition program that honors families who have owned and operated a continuous agricultural operation for 100 years or more. Every year Texas Department of Agriculture hosts a ceremony at the Texas State Capitol to celebrate and commemorate the families who have passed down their proud Texas legacy from generation to generation. Fifty-eight families from fifty-eight counties of Texas were honored. Commissioner of Agriculture, Sid Miller, gave the Congratulatory Remarks followed by the presentation of Awards with the master of
The 2019 Family Land Heritage Ceremony took place on October 30, 2019 at the Texas State Capitol. The day began with a breakfast for the sponsors of the day followed by a BBQ meal for all Award Honorees and their family. Even though it was a cold and rainy day, the honorees enjoyed the recognition as well as the guided tour of the Capital followed by the Award Ceremony.
The Family Land Heritage Program is a recognition program that honors families who have owned and operated a continuous agricultural operation for 100 years or more. Every year Texas Department of Agriculture hosts a ceremony at the Texas State Capitol to celobrate and commemorate the families who have passed down their proud Texas legacy from generation to generation.
Fifty-eight families from fifty-eight counties of Texas were honored. Commissioner of Agriculture, Sid Miller, gave the Congratulatory Remarks followed by the presentation of Awards with the master of ceremonies Terry Starnes, a PRCA Rodeo Announcer. Entertainer Red Stegall closed the program with poem and song.
Executive Secretary, Charles Frerich and his wife, Linda, represented Earthmoving Contractors Association of Texas for the day attending all of the day’s activities and visiting with the honorees. It is a great honor to stand among families of this great legacy.
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EQUIPMENT
CISCO EQUIPMENT—SAN ANGELO
Deena Esser620 N. Bell St.San Angelo, TX 76903(325) 653-2121http://www.cisco-equipment.com
COMPACT CONSTRUCTION EQUIPMENT
Bobcat Equipment Dealer11146 N. IH 35San Antonio, TX 78233972-255-3500www,bobcatcce.com
DONCODon M. Willemin3290 W. Hwy. 90Uvalde, TX 78801(830) 278-1308(830) 591-8314
HEAVY EQUIPMENT CO.Luke Brenner1529 Barton Springs Rd., Ste 23Austin, TX 78704(512) 761-0755www.heavyequipmentco.com
HEAVY EQUIPMENT RENTALS OF TEXAS
Jack GroomsPO Box 897Buda, TX 78610(512) 251-5603www.heavyequipmentrentalsoftexas.com
HOLT CAT – Edward Craner5665 SE Loop 410San Antonio, TX 78222(210) 648-1111www.holtcat.com
REPAIR & SUPPLIES
HYDRAULIC SUPPLY & SERVICE CO. INC.
Luke P. Parish P. O. Box 33517San Antonio, TX 78265-3517(210) 654-6475www.hydraulicsupply.com
MECHANALUBE, INC.Heath Lehmann6180 E. US Hwy. 290Giddings, TX [email protected]
RUBBER SUPPLY COMPANY
Steve Higginbotham4789 East park DriveHouston, TX 77028 (713) 672-2585www.rubbertrack.net
TEXAS CORRUGATORSSOUTH TEXAS REGION II, LLC
Dale Schuchart18231 FM 2252 #1San Antonio, TX 78266210-653-1600800-922-4762
TEXAS REFINERY CORP.
Dale Gibson, Independent Distributor101 Torrey Pines TrailAlto, New Mexico 88312(817) 239-4477www.texasrefinery.com
TIRES
BEASLEY TIRE SERVICE INC.
Bob Beasley11802 Eastex FreewayHouston, TX 77039(281) 449-2365www.beasleytire.com
SOUTHERN TIRE MARTMason Daughett III17051 IH-35 NorthSchertz, TX 78154(210) [email protected]
MCDONALD TIRE, LLCAl Jones4130 S. Loop 1604 EastSan Antonio, TX 78264(210) 621-0808www.mcdonaldtire.com*ask about ECAT member discount
ASSOCIATE MEMBERSSupporting ECAT Members through continued service and products! Give them a call!
HUMDINGER EQUIPMENT
Charlie Cleveland3202 Clovis RdLubbock, TX 79464(806) 771-9944www.humdingerequipment.com
MD EQUIPMENTGeorge Jacobs194 Bear Cat Road.Aledo, TX 76108(972) [email protected]
RDO EQUIPMENT COMPANY
Matthew Turner19275 N. IH 35New Braunfels, TX 78132830-632-3100https://rdoequipment.com
TEXIAN GEOSPATIALDavid PritchardPO Box 1405San Marcos, TX 78667(512) 423-4249www.texiangeospatial.com
WARREN CATBill Thomas10325 Younger Rd.Midland, TX 79706(432) 571-4289 (866) 2WARRENwww.warrencat.com
WAUKESHA-PEARCE INDUSTRIES, INC.
Bruce TruesdaleP. O. Box 35068Houston, TX 77235-5068(713) 723-1050www.wpi.com
YELLOWHOUSE MACHINERY CO.
Mike Kerr3405 E. Slaton HwyLubbock, TX 79404(806) 763-0473www.yellowhouse.us
SEED
BAMERT SEED CO.Nick Bamert1897 CR 1018Muleshoe, TX 79347(800) 262-9892www.bamertseed.com
TURNER SEED CO., LLCJ. Mercer211 CR 151Breckenridge, TX 76424(800) 722-8616www.turnerseed.com
TEXAS SODIUM BENTONITE
George Burton18301 Hwy 16 SouthComanche, TX 76442(325) 885-2339 www.texassodiumbentonite.com
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INSURANCE
BITCO INSURANCE CO.Nancy Martinez9901 IH 10 West, Ste 1050San Antonio, TX 78230(210) 340-8199(888) 857-8031www.bitco.com
BOLEY- FEATHERSON INSURANCE
Steve Burleson, CICP. O. Drawer 97513Wichita Falls, TX 76307(800) 234-1167 (940) 723-7111www.bfinsurance.com
BRYAN INSURANCE AGENCY
Denny BryanP. O. Box 839Graham, TX 76450(940) 549-2525 www.bryanins.com
CORE INSURANCE GROUP
Tracie Garner 4100 International Plaza, Ste.150 Ft. Worth, TX 76109(817) 471-1811www.coreins.us
DAVIS FORESTRY INSURANCE AGENCY, INC.
P.O. Box 152620Lufkin, TX 75915(936) 634-2291
FINANCIAL
COMMERCIAL CREDIT GROUP
Eric Eckes4602 FM 1569Farmersville, TX 75442(469) 207-9129www.commercialcreditgroup.com
LOVELADY STATE BANK
Michael R. BroxsonJohn LaRueP. O. Box 220Lovelady, TX 75851(936) 636-7337
ASSOCIATE MEMBERSSupporting ECAT Members through continued service and products! Give them a call!
HOTCHKISS INSURANCE AGENCY, LLC
Tye Justice 13430 Northwest Freeway, Ste 600Houston, TX 77040(713) 956-9800www.hiallc.com
INSURANCE CONCEPTS OF SAN ANTONIO
Dave Sund11120 Wurzbach Road, Ste. #201San Antonio, TX 78230(210) 691-0067
SAWYER & ASSOCIATES INSURANCE AGENCY. LLC
Nathan Sawyer817 S Stockton Ave.Monahans, TX 79756(432) 943-9600www.sandains.com
SOUTHERN AMERICAN INSURANCE AGENCY, INC.
Al McClure & Ken Meyer13823 Schmidt RoadCypress, TX 77429 (281) 257-3114 www.southernamericanins.com
SOUTHWEST ASSURANCE GROUP
Charlie Miller2350 W. Airport Freeway, Ste. 202Bedford, TX 76022(817) 329-7007www.southwestassurance.com
THE SWEENEY COMPANY
Michael & David Sweeney P. O. Box 8720Ft. Worth, TX 76124-0720(817) 457-6700www.thesweeneyco.com
JOEL M. PELZL, CPA389 S. Seguin Ave.New Braunfels, TX 78130(830) 625-7797
RESOURCE & LAND MANAGEMENT, INC.
Mike Petter204 Brian DrivePleasanton, TX 78064(830) 480-5003www.resourceandland.com
RGB RESOURCES, LLC
Rodney Glenn Baxter106 Oak Ridge Drive Kerrville, TX 78029(830) [email protected]
RURAL ISSUES CONSULTANT
Bob Turner40 CR 340 Voss, TX 76888 (325) [email protected]
TEXAS 811 Doug Meeks11880 Greenville Ave, Ste 120Dallas, TX 75243 (972) 231-5497www.texas811.org
WESTWARD ENVIRONMENTAL, INC.
Tommy MathewsP. O. Box 2205Boerne, TX 78006(830) 249-8284www.westwardenv.com
CONSULTING
CMI (COMPLIANCE ASSOCIATES, LP)
Donnie Achterberg6709 Guada Coma Dr.Schertz, TX 78154(210) 967-6169www.cmidrugtesting.com
HAYS US CORPORATION
Robert Smith5718 Westheimer Road, Ste. 1110Houston, TX 77057346-352-1584www.hays.com
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Dealing with digital assets in estate plan
Editor’s Note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances.
One of my favorite shows on TV is The Big Bang Theory. While it’s just a silly sitcom, it does touch on topical matters frequently. Last week I saw a rerun from last year that dealt with Leonard, Howard, Raj and Sheldon’s investment in Bitcoins. I had no idea what Bitcoins were, but found out they are a cryptocurrency, a form of electronic cash. The group couldn’t remember which computer they had the Bitcoins on when they realized they might be worth something. So, in my effort to continue to have you think about maintaining your estate plan, I want you to review your Wills and power of attorneys to determine if they will allow your executors or agents access to your Digital Assets. Just a quick refresher, a Statutory Durable Power of Attorney is an instrument by which one person (the principal) grants to another (the agent) the power to perform certain acts on the principal’s behalf. However, what if you pay your bills online? Does your agent have authority to do so? What does the Terms of Service Agreement (TSA) say? Again points to ponder in our new world.
Many, attorneys included, make the common assumption that all digital assets behave and are legally treated just like real property, tangible and intangible assets. However, not all digital assets are transferable on death. Depending on the nature of the digital asset and the TSA, the service provider may or may not recognize a power of attorney, Will or Trust as validly transferring wither access to, or ownership of, the account.
Powers of attorney should give the maker’s agent specific authority over digital accounts in the event of incapacity. In fact, the State of Texas in September 2017, updated their recommendation for durable powers of attorneys in Texas to include digital assets (see Texas Estate Code Section 752.1145 and Section 2001.201). Note, however, protecting privacy can trump protecting the digital assets. It is important not only to include provisions for the disposition of digital assets with monetary and sentimental value, but also to provide for the destruction or securing of digital assets the client wants kept secret. Further, fiduciary power provisions should cover digital assets, and if they are to be destroyed or accounts terminated, that direction should be accompanied by a corresponding exculpation provision.
If dealing with a Will, personal representatives should be aware of digital assets and who controls them to determine if their disposition comports with the decedent’s estate plan.
You should make an inventory of your digital assets, including how and where they are held, along with usernames, passwords, and password “prompts.” This list should be updated periodically (much easier said than done!). A power of attorney, nor a Will, should not contain passwords or other critical information about digital assets.
Compiling passwords, in any manner, is risky because the list will almost immediately become outdated and must be constantly updated to be useful. Once shared, it can be used to access accounts prematurely, But, it is appealingly simple to leave written records of password and login information to family and fiduciaries. While use of an account holder’s access information will violate many a TSA, it is practical, and it works, at least until the password needs to be reset for some reason.
You should also be aware of your email provider’s policies with regard to access. In today’s digital world, access to email is critical. A decedent’s email account may have information needed to collect assets and receivables, pay debts, manage a business and wind up affairs. Emails concerning financial and business accounts can be time sensitive too.
Unfortunately, emails may be in an employer’s system
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and not in a personal account. An employer might deny a family or fiduciary access to an employer-provided account for a number of reasons (i.e., limit or prevent access to sensitive customer or client information, or access may require security clearance).
As you can see, “living” online has created a whole new world we must think about. An attorney who focuses on estate planning can make this an easier process and help ensure that the information you want to share after your death or disability can be, and that the information you do not want shared is not.
Do you have a Graduating Senior this year? How about a Son or Daughter in College or in an
institute of higher learning? Do You have a Grandson or Granddaughter
Graduating? Or one in College
or in an institute of higher learning? Then maybe he or she might qualify for a scholarship of
$1,000 per year! Each year Earthmoving Contractors Association of Texas
gives scholarships in the amount of $1,000 to deserving students who
qualify. Go to the website at www.earthmovingcontractors.com
to review the qualifications and then submit an application!
What are you waiting for? Applications are due by April 1st!
—Article written by Sam Moak. Sam A. Moak is an
attorney with the Huntsville law firm of Moak & Moak, P.C. He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College, and is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas. www.moakandmoak.com
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Charles and Linda Frerich attended the Civil Engineer conference held in San Marcos September 18 -20, 2019. There were over four hundred engineers and architects from various size firms in attendance. Several of the engineers and architects attending stated they work with independent contractors on many of their projects. Several engineers stated they have had trouble getting quality contractors. Charles explained Earthmoving Contractors Association of Texas contractors are committed to providing quality work. Charles and Linda made a booklet listing all of our contractors by county and handed booklets to interested parties.
Many vendors at the conference expressed interest in the association questioning the mission of the association. Overall, the attendance at the conference was a positive experience with many contacts being made that could benefit contractors as well as be resources for Board of Director meetings.
It’s new! It’s for you! Check it out! Earthmoving Contractors website now has a “Classified” tab. As members of the Association you are able to submit a variety of needed work ranging from employment needed to employees needed to work needed to equipment for sale to equipment needing to buy, etc. All requests to be posted will be reviewed by website administrator before the ad will be posted. So, it’s there for YOU to use! Use it!
www.earthmovingcontractors.com
Classified Ads
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This publication is provided by BITCO Insurance Companies and is intended to be informational. It is not to be construed as legal advice. It is not intended, explicitly or implied, to address every loss potential or violation of any regulation, nor is it to be interpreted as a best practice. By furnishing this information, BITCO Insurance Companies accepts no responsibility for the application of the information to specific situations and assumes no additional duty, obligation, or liability beyond those set forth in its insurance policies.
COPYRIGHT ©2004, ISO Services, Inc. CH-40-08 5/26/04
The information contained in this publication was obtained from sources believed to be reliable. ISO Services, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.
Contractual Indemnity Most commercial agreements (e.g., leases, vendor agreements, and construction contracts) contain indemnification or “hold harmless” clauses. In these clauses, one party (i.e., “the indemnitor”) agrees to bear responsibility for the specified losses, damages, or liabilities of another party (i.e., “the indemnitee”). This handout provides an overview of contractual indemnity clauses and issues affecting their enforceability.
Types of Agreements There are two basic types of indemnity agreements. Those that indemnify against loss or damage and those that indemnify against liability. Where the agreement is one for loss or damage, no recovery can be obtained until the indemnitee has suffered actual damage or loss. Liability indemnifications do not require actual damage or loss, and indemnification may be had as soon as the liability becomes fixed and established.
Scope of Indemnification The scope of obligation that an indemnitor assumes will vary depending upon the specific wording of the agreement. In general, the indemnification obligations fall into one of three categories. They are:
Broad indemnification - the indemnitor agrees to be responsible for all liability arising out of the agreement, regardless of who was responsible for the loss.
Intermediate indemnification - the indemnitor agrees to be responsible for all liability arising out of the agreement, except where the loss is caused by the sole negligence of the indemnitee.
Limited indemnification - the indemnitor agrees to be responsible only for losses caused by its sole negligence.
For complex transactions, an agreement may specify different obligations for different covered acts. Such indemnification is sometimes called hybrid indemnification.
Covered Losses or Liabilities The agreement should specify the types of losses or liability it covers. As a general rule, courts will not enforce an indemnity agreement against a party for losses or liabilities that are either undisclosed or not reasonable within the terms of the agreement or the intent of the parties. Typical items specified include: direct losses and damage, consequential losses and damage, and defense costs and other litigation expenses.
Enforceability As a general rule, a promise to indemnify will be valid and legally enforceable as long as: the covered act is not illegal, immoral, or against public policy; the agreement conforms to the general rules governing all contracts within the jurisdiction; and the agreement does not conflict with any statutory requirements. Contract rules require there be fair notice of the indemnity provision and that the agreement be clear and unequivocal, be bargained for, and be supported by valid consideration. The majority of States have laws, called anti-indemnification laws, that limit a party’s ability to transfer liability for injuries caused by sole negligence. It is important that all indemnification agreements be drafted or reviewed by knowledgeable legal personnel.
Financial Responsibility An indemnification agreement should be practically enforceable, as well as legally enforceable. To ensure that an indemnitor has the financial ability to meet their obligation, most commercial agreements also require that the indemnitor maintain sufficient insurance coverage or provide other financial assurances. It is important to read these financial responsibility requirements in tandem with the indemnity requirements to determine the expected degree of obligation or protection afforded by the agreement.
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Join UsGo to www.earthmovingcontractors. com OR Complete Membership application And send it in!
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