By: Hunter, Todd H.B. No. 2426 73R6439 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to property owner's liability for acts of certain 1-3 contractors and employers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 95 to read as follows: 1-7 CHAPTER 95. PROPERTY OWNER'S LIABILITY FOR NEGLIGENCE 1-8 OF CERTAIN CONTRACTORS AND EMPLOYERS 1-9 Sec. 95.001. DEFINITIONS. In this chapter: 1-10 (1) "Claim" means a claim for damages caused by 1-11 negligence, including a counterclaim, crossclaim, or third-party 1-12 claim. 1-13 (2) "Claimant" means a party making a claim subject to 1-14 this chapter. 1-15 (3) "Property owner" includes a person who owns, 1-16 leases, controls, or maintains real property. 1-17 Sec. 95.002. APPLICABILITY. This chapter applies only to a 1-18 claim against a property owner for personal injury, death, or 1-19 property damage arising from the condition or use of an improvement 1-20 to real property. 1-21 Sec. 95.003. LIABILITY FOR NEGLIGENCE OF INDEPENDENT 1-22 CONTRACTOR. (a) A property owner is liable for a claim subject to 1-23 this chapter only if: 1-24 (1) the personal injury, death, or property damage is 2-1 proximately caused by the negligence of a contractor who 2-2 constructed, repaired, renovated, or modified the improvement; and 2-3 (2) the negligence of the property owner is a 2-4 contributing cause to the personal injury, death, or property 2-5 damage. 2-6 (b) Failure of a property owner to supervise the work of the 2-7 independent contractor with respect to an aspect of the work over 2-8 which the property owner has not retained control is not negligence 2-9 for the purposes of Subsection (a)(2). 2-10 (c) This section applies without regard to whether the 2-11 property owner retains control over particular aspects of the work 2-12 or service. 2-13 Sec. 95.004. EVIDENCE OF EMPLOYER'S NEGLIGENCE AND WORKERS' 2-14 COMPENSATION COVERAGE. If the claim is for a compensable injury 2-15 under the Texas Workers' Compensation Act (Article 8308-1.01 et 2-16 seq., Vernon's Texas Civil Statutes), the trier of fact may 2-17 consider evidence relating to: 2-18 (1) the amount of workers' compensation benefits paid 2-19 or payable to the claimant; and 2-20 (2) the negligence of the employer who provided the 2-21 workers' compensation insurance coverage. 2-22 SECTION 2. This Act takes effect September 1, 1993, and 2-23 applies only to a cause of action that accrues on or after that 2-24 date. An action that accrued before the effective date of this Act 2-25 is governed by the law in effect at the time the action accrued, 2-26 and that law is continued in effect for that purpose. 2-27 SECTION 3. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.