74R10222 DLF-F By Hilbert H.B. No. 2443 Substitute the following for H.B. No. 2443: By Moffat C.S.H.B. No. 2443 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of contractors under a contract to 1-3 improve real property. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 145 to read as follows: 1-7 CHAPTER 145. LIABILITY ON CONTRACTS TO IMPROVE REAL 1-8 PROPERTY 1-9 Sec. 145.001. TRANSFER OF LIABILITY PROHIBITED. A 1-10 contractor that has entered into a contract with a subcontractor 1-11 with respect to an improvement of real property may not transfer 1-12 through the contract the contractor's: 1-13 (1) liability for damages arising from its own 1-14 negligence; or 1-15 (2) duty to defend against a claim or action. 1-16 Sec. 145.002. APPLICABILITY. This chapter does not affect 1-17 the applicability, validity, and enforceability of: 1-18 (1) Chapter 33; 1-19 (2) an insurance contract; 1-20 (3) benefits and protections under the workers' 1-21 compensation laws of this state, Subtitle A, Title 5, Labor Code; 1-22 or 1-23 (4) any right of contribution. 2-1 SECTION 2. This Act takes effect September 1, 1995, and 2-2 applies only to liability for an act of negligence under a contract 2-3 entered into on or after that date. Liability for an act of 2-4 negligence under a contract entered into before the effective date 2-5 of this Act is governed by the law applicable to the act 2-6 immediately before the effective date of this Act, and that law is 2-7 continued in effect for that purpose. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.