By: Lucio S.B. No. 757 A BILL TO BE ENTITLED AN ACT 1-1 relating to the liability of parties to a contract to improve real 1-2 property. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-5 amended by adding Chapter 145 to read as follows: 1-6 CHAPTER 145. LIABILITY ON CONTRACTS TO IMPROVE REAL 1-7 PROPERTY 1-8 Sec. 145.001. PARTY LIABLE ONLY FOR ITS OWN NEGLIGENCE. 1-9 Each party to a contract to improve real property is liable only 1-10 for damages arising from its own actionable negligence. 1-11 Sec. 145.002. TRANSFER OF LIABILITY PROHIBITED. A party to 1-12 a contract to improve real property may not transfer that party's 1-13 liability for damages arising from its own negligence by any means, 1-14 including through a contract. 1-15 Sec. 145.003. APPLICABILITY. This chapter does not affect 1-16 the validity and enforceability of: 1-17 (1) an insurance contract; 1-18 (2) benefits and protections under the workers' 1-19 compensation laws of this state, Subtitle A, Title 5, Labor Code; 1-20 or 1-21 (3) any statutory right of contribution. 1-22 SECTION 2. This Act takes effect September 1, 1995, and 1-23 applies only to liability for an act of negligence under a contract 2-1 entered into on or after that date. Liability for an act of 2-2 negligence under a contract entered into before the effective date 2-3 of this Act is governed by the law applicable to the act 2-4 immediately before the effective date of this Act, and that law is 2-5 continued in effect for that purpose. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.