Bill Text: TX HB3087 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to responsibility for defects in the plans, specifications, or other documents for the construction or repair of highways, bridges, or real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-13 - Referred to Judiciary & Civil Jurisprudence [HB3087 Detail]
Download: Texas-2019-HB3087-Introduced.html
| 86R10654 BEE-F | ||
| By: Raney | H.B. No. 3087 | |
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| relating to responsibility for defects in the plans, | ||
| specifications, or other documents for the construction or repair | ||
| of highways, bridges, or real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 472, Transportation Code, is amended by | ||
| adding Subchapter E to read as follows: | ||
| SUBCHAPTER E. RESPONSIBILITY FOR DEFECTS IN PLANS AND | ||
| SPECIFICATIONS | ||
| Sec. 472.051. DEFINITIONS. In this subchapter: | ||
| (1) "Contractor" means a person required to perform | ||
| work under a contract. | ||
| (2) "Governmental entity" means: | ||
| (A) the department; | ||
| (B) a regional tollway authority created under | ||
| Chapter 366; | ||
| (C) a regional mobility authority created under | ||
| Chapter 370; or | ||
| (D) a corporation organized under Chapter 431. | ||
| Sec. 472.052. APPLICABILITY. (a) This subchapter applies | ||
| only to a contract between a governmental entity and a contractor | ||
| for: | ||
| (1) the construction or repair of a highway: | ||
| (A) owned or operated by the governmental entity; | ||
| (B) of any number of lanes; and | ||
| (C) with or without grade separations; and | ||
| (2) any improvement, extension, or expansion of a | ||
| highway described by Subdivision (1), 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 that the governmental entity | ||
| determines is necessary, useful, or beneficial to the operation of | ||
| the highway. | ||
| (b) This subchapter applies to: | ||
| (1) a governmental entity authorized by state law to | ||
| enter into a contract to which this subchapter applies; and | ||
| (2) a contractor who enters into a contract with a | ||
| governmental entity described by Subdivision (1). | ||
| Sec. 472.053. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN | ||
| DEFECTS. Notwithstanding any other law, a contractor operating | ||
| under a contract with a governmental entity to which this | ||
| subchapter applies is not responsible for defects or the | ||
| consequences of defects in the accuracy, adequacy, sufficiency, or | ||
| suitability of plans, specifications, or other design or bid | ||
| documents provided to the contractor by: | ||
| (1) the governmental entity; or | ||
| (2) a third party under a separate contract with the | ||
| governmental entity. | ||
| SECTION 2. (a) The changes in law made by this Act apply | ||
| only to a contract entered into on or after the effective date of | ||
| this Act. A contract entered into before the effective date of this | ||
| Act 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) An original contract with a governmental entity that | ||
| owns or operates a highway that is entered into before the effective | ||
| date of this Act, and a subcontract or purchase order for providing | ||
| labor or materials associated with that original contract, 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 September 1, 2019. | ||
