Bill Text: TX HB2899 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to civil liability and responsibility for defects in the plans, specifications, or other documents for the construction or repair of roads, highways, and related improvements.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-02 - Effective immediately [HB2899 Detail]

Download: Texas-2019-HB2899-Enrolled.html

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H.B. No. 2899

AN ACT
relating to civil liability and responsibility for defects in the
plans, specifications, or other documents for the construction or
repair of roads, highways, and related improvements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 6, Transportation Code, is
amended by adding Chapter 473 to read as follows:
CHAPTER 473. RESPONSIBILITY FOR DEFECTS IN PLANS AND
SPECIFICATIONS
Sec. 473.001. DEFINITIONS. In this chapter:
(1) "Contract" means a contract for the construction
or repair of a road or highway of any number of lanes, with or
without grade separation, owned or operated by a governmental
entity and any improvement, extension, or expansion to that road or
highway, including:
(A) an improvement to relieve traffic congestion
and promote safety;
(B) a bridge, tunnel, overpass, underpass,
interchange, service road ramp, entrance plaza, approach, or
tollhouse; and
(C) a parking area or structure, rest stop, park,
or other improvement or amenity the governmental entity considers
necessary, useful, or beneficial for the operation of a road or
highway.
(2) "Contractor" means a person who is required to
perform work under a contract.
(3) "Governmental entity" means:
(A) the Texas Department of Transportation; or
(B) any political subdivision of the state that
is acting under Chapter 284, 366, 370, or 431.
(4) "Project specifications" means plans, reports,
designs, or specifications prepared by a governmental entity or by
a third party retained by a governmental entity under a separate
contract.
Sec. 473.002. APPLICABILITY. This chapter applies to a
governmental entity authorized by state law to make a contract and
to any contractor with whom a governmental entity enters into a
contract.
Sec. 473.003. LIMITATION ON CONTRACTOR'S RESPONSIBILITY
FOR CERTAIN DEFECTS. (a) A contractor who enters into a contract
with a governmental entity is not civilly liable or otherwise
responsible for the accuracy, adequacy, sufficiency, suitability,
or feasibility of any project specifications and is not liable for
any damage to the extent caused by:
(1) a defect in those project specifications; or
(2) the errors, omissions, or negligent acts of a
governmental entity, or of a third party retained by a governmental
entity under a separate contract, in the rendition or conduct of
professional duties arising out of or related to the project
specifications.
(b) A covenant or promise contained in a contract governed
by this chapter is void and unenforceable to the extent that the
covenant or promise conflicts with Subsection (a).
(c) This section does not apply to a consultant retained in
a separate contract by a governmental entity to expressly monitor
the compliance with project specifications by another contractor
with whom the governmental entity has entered into a contract.
(d) This section does not relieve a contractor from the
contractor's obligations or liability under a contract with a
governmental entity.
Sec. 473.004. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE. A
governmental entity may not require that engineering or
architectural services be performed to a level of professional
skill and care beyond the level that would be provided by an
ordinarily prudent engineer or architect with the same professional
license and under the same or similar circumstances in a contract:
(1) for engineering or architectural services; or
(2) that contains engineering or architectural
services as a component part.
SECTION 2. (a) The changes in law made by this Act do not
apply to a contract that is entered into before the effective date
of this Act. Such a contract is governed by the law in effect when
the contract was entered into, and the former law is continued in
effect for that purpose.
(b) A contract subject to Chapter 473, Transportation Code,
as added by this Act, with a governmental entity that is entered
into before the effective date of this Act, and any subcontract or
purchase order for furnishing labor or materials associated with
that contract, regardless of whether the subcontract or purchase
order is entered into before, on, or after the effective date of
this Act, is governed by the law in effect when the original
contract was entered into, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2899 was passed by the House on April
30, 2019, by the following vote: Yeas 115, Nays 31, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2899 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor