By Hilbert H.B. No. 2443 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of parties to a contract to improve real 1-3 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. PARTY LIABLE ONLY FOR ITS OWN NEGLIGENCE. 1-10 Each party to a contract to improve real property is liable only 1-11 for damages arising from its own actionable negligence. 1-12 Sec. 145.002. TRANSFER OF LIABILITY PROHIBITED. A party to 1-13 a contract to improve real property may not transfer that party's 1-14 liability for damages arising from its own negligence by any means, 1-15 including through a contract. 1-16 Sec. 145.003. APPLICABILITY. This chapter does not affect 1-17 the validity and enforceability of: 1-18 (1) an insurance contract; 1-19 (2) benefits and protections under the workers' 1-20 compensation laws of this state, Subtitle A, Title 5, Labor Code; 1-21 or 1-22 (3) any statutory right of contribution. 1-23 SECTION 2. This Act takes effect September 1, 1995, and 2-1 applies only to liability for an act of negligence under a contract 2-2 entered into on or after that date. Liability for an act of 2-3 negligence under a contract entered into before the effective date 2-4 of this Act is governed by the law applicable to the act 2-5 immediately before the effective date of this Act, and that law is 2-6 continued in effect for that purpose. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended.