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78R13159 AJA-F


By:  Kuempel                                                      H.B. No. 1699

Substitute the following for H.B. No. 1699:                                   

By:  King                                                     C.S.H.B. No. 1699



A BILL TO BE ENTITLED

AN ACT

relating to the liability of highway, road, and street contractors.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 97, Civil Practice and Remedies Code, is 
amended by adding Section 97.002 to read as follows:
	Sec. 97.002.  LIMIT ON LIABILITY OF HIGHWAY, ROAD, AND 
STREET CONTRACTORS.  (a)  In this section, "governmental unit" has 
the meaning assigned that term by Section 101.001.
	(b)  A contractor who constructs, repairs, or maintains a 
highway, road, or street for a governmental unit is not liable to a 
person for personal injury, property damage, or death arising from 
the performance of the construction, repair, or maintenance if, at 
the time of the personal injury, property damage, or death, the 
contractor is in substantial compliance with all contract documents 
for the construction, repair, or maintenance.
	SECTION 2.  The heading to Chapter 97, Civil Practice and 
Remedies Code, is amended to read as follows:

CHAPTER 97.  LIABILITY OF PERSONS PROVIDING SERVICES FOR A 
GOVERNMENTAL UNIT [CORRECTIONAL FACILITIES AND OFFICERS BARRED FOR 
CERTAIN ACTS OF INMATES]
	SECTION 3.  The heading to Section 97.001, Civil Practice 
and Remedies Code, is amended to read as follows:
	Sec. 97.001.  LIABILITY OF CORRECTIONAL FACILITIES AND 
OFFICERS BARRED FOR CERTAIN ACTS OF INMATES.
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.