By: Kuempel (Senate Sponsor - Averitt) H.B. No. 1699
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on
Infrastructure Development and Security; May 22, 2003, reported
favorably by the following vote: Yeas 7, Nays 0; May 22, 2003, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain 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 CERTAIN HIGHWAY, ROAD,
AND STREET CONTRACTORS. 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. 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.
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