Amend CSSB 1952 (House Committee Report) by adding the 
following PART, appropriately numbered, and renumbering subsequent 
parts accordingly:

PART ___.  CERTAIN PROVISIONS IN CONSTRUCTION CONTRACTS

ARTICLE __A. INDEMNIFICATION PROVISIONS IN CONSTRUCTION CONTRACTS
	SECTION __A.01.  Title 6, Civil Practice and Remedies Code, 
is amended by adding Chapter 138 to read as follows:

CHAPTER 138.  ENFORCEMENT OF CERTAIN PROVISIONS IN CONSTRUCTION 
CONTRACTS
	Sec. 138.001.  DEFINITION.  In this chapter, "construction 
contract" means a contract or agreement entered into or made by an 
owner, contractor, subcontractor, or supplier concerning the 
construction, alteration, repair, troubleshooting, or maintenance 
of a building, structure, appurtenance, or other improvement to or 
on real property, including moving, demolition, and excavation 
connected with the real property.
	Sec. 138.002.  AGREEMENT VOID AND UNENFORCEABLE.  A 
provision, promise, understanding, or covenant contained in, 
collateral to, or affecting a construction 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. 138.003.  EFFECT ON INSURANCE POLICY.  A provision in a 
construction contract requiring an insurance policy provision or 
endorsement that would frustrate or circumvent the prohibitions of 
this chapter, including the payment of all or a portion of an 
indemnitor's insurance premium by an indemnitee, is also void and 
unenforceable.
	Sec. 138.004.  WAIVER PROHIBITED.  The provisions of this 
chapter may not be waived by contract or otherwise.
	Sec. 138.005.  CONFLICT OF LAWS.  A covenant, promise, 
agreement, or understanding that is contained in or collateral to 
or that affects a construction contract or a related insurance 
policy provision or endorsement and that provides that the law of 
another state will apply to the contractual relationship between 
the indemnitor and the indemnitee is against public policy and void 
if the premises where the labor is performed or the materials are 
delivered under the contract are in this state or its territorial 
reach.
	Sec. 138.006.  APPLICABILITY OF OTHER LAW.  This chapter 
prevails over any other law that conflicts with or is inconsistent 
with this chapter.
	SECTION __A.02.  (a)  Chapter 138, Civil Practice and 
Remedies Code, as added by this article, applies to a construction 
contract entered into or renewed on or after the effective date of 
this article and to any specific, terminable performance of a 
specific job or activity begun under a construction contract after 
the effective date of this article, 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 article.
	(b)  Except as provided by Subsection (a) of this section, a 
construction contract entered into or renewed 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.