SRC-VRA S.B. 1432 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1432
By: Averitt
Infrastructure Development and Security
4/4/2003
As Filed


DIGEST AND PURPOSE 

Currently, when a contractor is hired by the Texas Department of
Transportation, a county, or a city for a road construction project, the
contractor must follow the safety precautions set forth in the contract.
These safety provisions are very specific and are frequently checked to
ensure they are exactly followed.  However, should an accident occur, the
contractor could be held liable in court even though the contractor was
following the safety provisions established in a state, county, or city
contract.  As proposed, S.B. 1432 provides immunity from suit for a
contractor who follows the safety precautions detailed in a construction
contract. 

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 Title 4, Civil Practice & Remedies Code, by adding
Chapter 94, as follows: 
 
CHAPTER 94.  LIABILITY OF CONTRACTORS OF HIGHWAYS, 
ROADS OR STREETS.
 
 Sec. 94.001.  LIMIT ON LIABILITY.
 
(a)  Provides that a contractor who performs the construction or repair of
any highway, road or street for any governmental unit is not liable for
personal injury, property damage, or death to third parties resulting from
or arising out of the performance of or any failure to perform the
construction or repair if, at the time of such personal injury, property
damage or death, the contractor is in substantial compliance with all
specifications for such construction or repair required by the contracting
governmental unit. 
 
(b)  Authorizes a contractor who performs the construction or repair of
any highway, road or street for any governmental unit to be liable for
personal injury, property damage, or death to third parties resulting from
or arising out of the performance of or any failure to perform the
construction or repair if, at the time of such personal injury, property
damage or death, the contractor is not in substantial compliance with all
specifications for such construction or repair required by the contracting
governmental unit and such failure is the proximate cause of the personal
injury, property damage or death to a third party. 

SECTION 2.Effective date:  September 1, 2003.
  Makes application of this Act prospective.