78R2914 DAK-D

By:  West                                                         H.B. No. 3076



A BILL TO BE ENTITLED

AN ACT

relating to indemnification in certain construction contracts.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 6, Civil Practice and Remedies Code, is 
amended by adding Chapter 145 to read as follows:

CHAPTER 145.  INDEMNITY PROVISIONS IN CONSTRUCTION CONTRACTS
	Sec. 145.001.  DEFINITION. In this chapter, "construction 
contract" means a contract or agreement made and entered into by an 
owner, contractor, subcontractor, or supplier concerning the 
construction, alteration, repair, or maintenance of a building, 
structure, appurtenance, or other improvement to or on real 
property, including moving, demolition, and excavation connected 
with the real property.
	Sec. 145.002.  AGREEMENT VOID AND UNENFORCEABLE.  A 
covenant, promise, agreement, or understanding contained in a 
construction contract, or in an agreement collateral to or 
affecting a construction contract, is void and unenforceable if it 
indemnifies, holds harmless, or defends a person, other than a 
governmental entity, against loss or liability for damage that is 
caused by or results from the sole or concurrent negligence of the 
indemnitee, its agent or employee, or an independent contractor, 
other than the indemnitor, directly responsible to the indemnitee.
	Sec. 145.003.  WAIVER PROHIBITED.  This chapter may not be 
waived by contract or otherwise.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by this Act apply only to 
liability for an act of negligence under a contract entered into on 
or after the effective date of this Act.  Liability for an act of 
negligence under a contract entered into before the effective date 
of this Act is governed by the law applicable to the contract 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.