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.