Floor Packet Page No. 434                                                   

	
Amend CSHB 4 by inserting a new ARTICLE to read as follows and 
appropriately renumbering subsequent ARTICLES:

ARTICLE ____.  CERTAIN PROVISIONS IN CONTRACTS
	SECTION ____.01.  Title 6, Civil Practice and Remedies Code, 
is amended by adding Chapter 145 to read as follows:

CHAPTER 145.  CERTAIN PROVISIONS IN CONTRACTS
	Sec. 145.001.  APPLICABILITY.  This chapter applies to a 
contract.    
	Sec. 145.002.  AGREEMENT VOID AND UNENFORCEABLE.  A 
provision, promise, understanding, or covenant contained in, 
collateral to, or affecting a contract is void and unenforceable to 
the extent that it provides or purports to provide to the indemnitee 
defense or indemnity, or both, against loss or liability that:
		(1)  is caused by or results from the sole or concurrent 
negligence, including strict liability, of the indemnitee, an agent 
or employee of the indemnitee, or an independent contractor 
directly responsible to the indemnitee; and
		(2)  arises or results from:                                           
			(A)  death or bodily injury to a person;                              
			(B)  damage to property;                                              
			(C)  a fine, penalty, administrative action, or 
other action by a governmental entity; or
			(D)  any other loss, damage, or expense that 
arises from an occurrence described by Paragraph (A), (B), or (C).
	Sec. 145.003.  WAIVER PROHIBITED.  The provisions of this 
chapter may not be waived by contract or otherwise.
	Sec. 145.004.  APPLICABILITY OF OTHER LAW.  This chapter 
prevails over any other law that conflicts with or is inconsistent 
with this chapter.
	SECTION ____.02.  (a)  This article applies to:                                
		(1)  a contract entered into or renewed on or after the 
effective date of this article; and
		(2)  any specific, terminable performance of a specific 
job or activity begun under a contract after the effective date of 
this article regardless of whether the contract was entered into or 
renewed before the effective date of this article.
	(b)  A contract entered into or renewed before the effective 
date of this article and any job or activity under the contract 
begun before the effective date of this article is governed by the 
law in effect immediately before the effective date of this 
article, and that law is continued in effect for that purpose.