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.