C.S.H.B. 1699 78(R)    BILL ANALYSIS


C.S.H.B. 1699
By: Kuempel
Civil Practices
Committee Report (Substituted)



BACKGROUND 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 threat
or cause harm or damage to some person or some property.  Currently,
contractors may be held liable for mistakes in work specifications set by
the state.   

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

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

CSHB 1699 amends the Civil Practice and Remedies Code to protect
contractors who construct, repair or maintain a highway, road or street
for a governmental entity from liability for personal injury, property
damage, or death arising from work performed in substantial compliance
with contract documents for the construction, repair or maintenance. 


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute is a Texas Legislative Council draft and adds contractors
who perform maintenance work of a highway, road or street for a
governmental unit to those protected by this section.  Also, "substantial
compliance with all specifications" was changed to "substantial compliance
with all contract documents".