By Jackson                                            H.B. No. 1072
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the responsibility of persons involved in construction.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Texas Civil Practices and Remedies Code, is
    1-5  amended by adding Chapter 156 to read as follows:
    1-6        Chapter 156.  RESPONSIBILITY ON CONSTRUCTION PROJECTS.
    1-7        Section 156.001.  Responsibility.  Each party to a contract
    1-8  to improve real property shall be solely liable for its actionable
    1-9  negligence pertaining to that project.  No one shall transfer this
   1-10  liability through contract or otherwise.
   1-11        Section 156.002.  In this Chapter:
   1-12        "Improve" means to alter, build, construct, demolish, effect,
   1-13  or repair any improvement upon, connected with, or on or beneath
   1-14  the surface of any real property, or to excavate, drill, clear,
   1-15  grade, fill, or landscape any real property, or to construct
   1-16  driveways and roadways, or to furnish materials, including trees
   1-17  and shrubbery, for any of these purposes, or to perform any labor
   1-18  upon these improvements, or to furnish architecture, design, or
   1-19  engineering services.
   1-20        "Improvement" means all or any part of any building,
   1-21  structure, erection, alteration, demolition, excavation, clearing,
   1-22  grading, filing, or landscaping, including trees, and shrubbery,
   1-23  driveways, and roadways on real property.
    2-1        "Real Property" means the real estate that is improved,
    2-2  including lands, leaseholds, tenements, and hereditaments, and
    2-3  improvements placed on the real property.
    2-4        "Actionable Negligence" as used in this act is limited solely
    2-5  to such negligence that results in personal injury or death,
    2-6  property damage, or any loss, damage or expense that arises from
    2-7  personal injury, death or property damage.
    2-8        Section 156.003.  Exclusions.  This Chapter does not affect
    2-9  the validity and enforceability of:
   2-10        (1)  an insurance contract;
   2-11        (2)  all benefits and projections conferred by the Worker's
   2-12  Compensation statutes of this state; or
   2-13        (3)  any statutory right of contribution.
   2-14        SECTION 2.  This Act applies only to contracts made on or
   2-15  after the effective date of this Act.
   2-16        SECTION 3.  This Act takes effect September 1, 1993.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.