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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of professional firms performing |
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construction monitoring and inspection services for the Texas |
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Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 97, Civil Practice and Remedies Code, is |
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amended by adding Section 97.003 to read as follows: |
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Sec. 97.003. LIMIT ON LIABILITY OF CONSTRUCTION MONITORING |
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AND INSPECTION SERVICES. (a) A professional firm or an officer or |
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employee of a professional firm that provides monitoring and |
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inspection services for the Texas Department of Transportation as a |
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consultant or subconsultant to the department to monitor and |
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inspect the work on a transportation construction or maintenance |
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project performed by a contractor is not liable to a claimant for |
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personal injury, property damage, or death arising from an action |
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that: |
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(1) is performed in the course and scope of the firm's |
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duties to the department to ensure that the project is constructed |
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in conformity with the project's plans, specifications, and |
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contract provisions; and |
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(2) does not involve gross negligence or willful and |
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wanton misconduct by the firm. |
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(b) This section applies only to a professional firm |
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providing monitoring and inspection services for the Texas |
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Department of Transportation. This section does not apply to a |
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professional firm engaged by the department for the design or |
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construction of a transportation construction or maintenance |
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project. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |