By:  Bailey                                           H.B. No. 1154
       73R4514 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to indemnification provisions in certain municipal
    1-3  contracts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 252, Local Government Code,
    1-6  is amended by adding Section 252.004 to read as follows:
    1-7        Sec. 252.004.  INDEMNIFICATION PROVISIONS IN MUNICIPAL
    1-8  CONSTRUCTION CONTRACTS.  A construction contract to which a
    1-9  municipality is a party may not contain a provision requiring a
   1-10  contractor to indemnify the municipality for damages arising from
   1-11  negligence of the municipality.  A provision in violation of this
   1-12  section is void.
   1-13        SECTION 2.  This Act applies only to a contract entered into
   1-14  on or after the effective date of this Act.
   1-15        SECTION 3.  The importance of this legislation and the
   1-16  crowded condition of the calendars in both houses create an
   1-17  emergency and an imperative public necessity that the
   1-18  constitutional rule requiring bills to be read on three several
   1-19  days in each house be suspended, and this rule is hereby suspended,
   1-20  and that this Act take effect and be in force from and after its
   1-21  passage, and it is so enacted.