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A BILL TO BE ENTITLED
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AN ACT
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relating to certain agreements by architects and engineers in or in |
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connection with certain construction contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 130, Civil Practice and |
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Remedies Code, is amended to read as follows: |
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CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN |
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CONSTRUCTION CONTRACTS |
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SECTION 2. Section 130.002, Civil Practice and Remedies |
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Code, is amended by adding Subsections (c), (d), and (e) to read as |
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follows: |
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(c) Except as provided by Subsection (d) or (e), a covenant |
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or promise in, in connection with, or collateral to a contract for |
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engineering or architectural services related to an improvement to |
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real property is void and unenforceable if the covenant or promise |
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provides that a licensed engineer or registered architect must |
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defend a party, including a third party. A covenant or promise in, |
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in connection with, or collateral to a contract for engineering or |
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architectural services related to an improvement to real property |
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may provide for the reimbursement of an owner's reasonable |
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attorney's fees in proportion to the engineer's or architect's |
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liability. |
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(d) Notwithstanding Subsection (c), an owner that is a party |
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to a contract for engineering or architectural services related to |
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an improvement to real property may require in the contract that the |
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engineer or architect name the owner as an additional insured under |
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the engineer's or architect's commercial general liability |
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insurance policy and provide any defense to the owner provided by |
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the policy to a named insured. |
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(e) Subsection (c) does not apply to a contract for |
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design-build services in which an owner contracts with a single |
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entity to provide both design and construction services. |
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SECTION 3. Chapter 130, Civil Practice and Remedies Code, |
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is amended by adding Section 130.0021 to read as follows: |
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Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE. |
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A contract for engineering or architectural services related to an |
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improvement to real property may not require a licensed engineer or |
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registered architect to perform professional services to a level of |
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professional skill and care beyond that which would be provided by |
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an ordinarily prudent engineer or architect with the same |
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professional license under the same or similar circumstances. |
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SECTION 4. (a) Section 130.002(c), Civil Practice and |
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Remedies Code, as added by this Act, applies only to a covenant or |
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promise in, in connection with, or collateral to a contract entered |
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into on or after the effective date of this Act. |
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(b) Sections 130.002(d) and 130.0021, Civil Practice and |
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Remedies Code, as added by this Act, apply only to a contract |
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entered into on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |