Bill Text: TX HB2899 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Leach | H.B. No. 2899 |
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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. 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, Chapter 366, Chapter | ||
370, or Chapter 431 of the Transportation Code. | ||
(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 separate | ||
contract. | ||
Sec. 473.002 APPLICABILITY OF CHAPTER TO GOVERNMENTAL | ||
ENTITIES. 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 | ||
as defined by this chapter 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 that is 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 separate contract, in the rendition or conduct of | ||
professional duties arising out of or related to the project | ||
specifications. | ||
(b) A covenant or promise in a contract governed by this | ||
chapter is void and unenforceable to the extent it conflicts with | ||
subsection (a). | ||
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 this chapter 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 | ||
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. |