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Amend CSSB 14 as follows:
(1) Amend CSSB 14 by renumbering Article 10 as Article 11 and
inserting the following as the new Article 10:
SECTION 10.01. 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 A covenant, promise, agreement, provision or
understanding contained in, collateral to, or affecting a contract
is void to the extent that it provides or purports to provide to the
indemnitee defense or indemnity, or both, to a person against loss
or liability for damage that:
(1) is caused by or results from the sole or concurrent
negligence or fault (including strict liability and gross
negligence or malice) of the indemnitee, his agent or employee, or
other independent contractor of the indemnitee other than the
indemnitor; and
(2) arises from:
(A) personal injury or death;
(B) property damage;
(C) a fine, penalty, administrative action, or
other action assessed by a governmental entity directly against the
indemnitee, its agent or employee, or other independent contractor
of the indemnitee other than the indemnitor; or
(D) any other loss, damage or expense that arises
from personal injury, death, or property damage.
Sec. 145.002 A covenant, promise, agreement or understanding
contained in a contract, or in an agreement collateral to or
affecting a contract, that requires a person to provide insurance
coverage or does provide insurance coverage is void and
unenforceable to the extent that:
(1) the required coverage, including any coverage for
an indemnitee as an additional insured, exceeds the limitations and
indemnity obligations of this chapter;
(2) is inconsistent, circumvents, or frustrates the
prohibitions of this chapter;
(3) it requires an insurance policy to be endorsed to
provide a waiver of subrogation; or
(4) it requires an indemnitor to purchase or provide a
railroad protective policy, an owners and contractors protective
policy, or other similar policy designed to accomplish the same
purpose, but only to the extent that such policy exceeds the
indemnity obligations of this chapter.
Sec. 145.003. This chapter does not otherwise affect the
validity and enforceability of:
(1) an insurance contract; or
(2) benefits and protections under the workers'
compensation laws of this state.
Sec. 145.004. The provisions of this section may not be
waived by contract or otherwise. Any purported waiver is void.
Sec. 145.005 This chapter prevails over any other law that
conflicts with or is inconsistent with this Chapter.
(2) Notwithstanding the provisions of Article 11 or any other
provision of this Act, this Article 10 applies to any contract
entered into or renewed on or after the effective date of this Act
and to any specific, terminable performance of a specific job or
activity begun under a contract after the effective date of this
Act, including performance under a master or general service
agreement, a blanket or maintenance contract, or any similar
agreement or contract that purports to provide indemnity to the
indemnitee for all or part of the work performed, in whatever form
and by whatever name, regardless of whether the agreement or
contract was entered into or renewed before the-effective date of
this Act. Except as noted above, a contract entered into or renewed
before the effective date of this Act and any job or activity under
the contract begun before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
(3) SECTION 10.02. Section 2252.902, Government Code is
repealed.
(4) SECTION 10.03. Chapter 130 of the Civil Practice and
Remedies Code is repealed.