SRC-LBB H.B. 1699 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1699
By: Kuempel (Averitt)
Infrastructure Development and Security
5/19/2003
Engrossed


DIGEST AND PURPOSE 

Contractors repairing, constructing or maintaining highways, roads, or
streets on behalf of the state must conform to the work specifications set
by the governmental unit overseeing the project.  Sometimes those
specifications may be inadequate or flawed to such a degree as to threaten
or cause harm or damage to some person or property.  Currently,
contractors may be held liable for mistakes in work specifications set by
the state.   

H.B. 1699 provides that a contractor performing highway, road, or street
repairs, construction or maintenance on behalf of the state is not liable
for damage or injury resulting from work performed in substantial
compliance with contract documents set by the state. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 97, Civil Practice and Remedies Code, by adding
Section 97.002, as follows: 

Sec. 97.002.  LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD, AND STREET
CONTRACTORS.  Provides that a contractor who constructs or repairs a
highway, road, or street for the Texas Department of Transportation is not
liable to a claimant for personal injury, property damage, or death
arising from the performance of the construction or repair if, at the time
of the personal injury, property damage, or death, the contractor is in
compliance with contract documents material to the condition or defect
that was the proximate cause of the personal injury, property damage, or
death. 

SECTION 2.  Amends the heading to Chapter 97, Civil Practice and Remedies
Code, to read as follows: 

CHAPTER 97.  LIABILITY OF PERSONS PROVIDING SERVICES FOR A GOVERNMENTAL
UNIT  

SECTION 3.  Amends the heading to Section 97.001, Civil Practice and
Remedies Code, to read as follows: 

Sec. 97.001.  LIABILITY OF CORRECTIONAL FACILITIES AND OFFICERS BARRED FOR
CERTAIN ACTS OF INMATES. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.