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A BILL TO BE ENTITLED
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AN ACT
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relating to property owner, contractor, and subcontractor |
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liability for certain damages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 95.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (4) to read as follows: |
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(4) "Improvement to real property" means a structure or |
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part of a structure permanently affixed to or incorporated into |
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real property. The term does not include scaffolding, ladders, or |
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other temporary structures used in the construction, repair, |
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renovation, or modification of the improvement. |
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SECTION 2. Section 95.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 95.003. LIABILITY FOR ACTS OF INDEPENDENT |
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CONTRACTORS. A property owner is not liable for personal injury, |
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death, or property damage to a contractor, subcontractor, or an |
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employee of a contractor or subcontractor who constructs, repairs, |
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renovates, or modifies an improvement to real property, including |
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personal injury, death, or property damage arising from the failure |
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to provide a safe workplace unless: |
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(1) the property owner exercises or retains some |
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control over the manner in which the work is performed, other than |
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the right to order the work to start or stop or to inspect progress |
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or receive reports; and |
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(2) the property owner created or had actual or |
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constructive knowledge of the danger or condition resulting in the |
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personal injury, death, or property damage and failed to correct or |
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adequately warn of the danger or condition. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |