McElroy v. State

I respectfully dissent from the majority and the concurrence.

The first basic fallacy in the majority’s reasoning is that it overlooks the very purpose of TEX.REV.CIV.STAT.ANN. art. 5472e (Vernon Supp. 1982-1983) which is to make the general contractors of this state trustees—involuntary trustees, but trustees nevertheless. As a result of the statute, the general contractors owe a fiduciary duty to their subcontractors and suppliers and must act towards them with good faith. See Tucker v. Dougherty Roofing Co., 137 S.W.2d 884, 887 (Tex.Civ.App.—Dallas 1940, writ dism’d).

The second basic…