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A BILL TO BE ENTITLED
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AN ACT
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relating to responsibility for defects in the plans, |
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specifications, or related documents for the construction or repair |
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of an improvement to real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Business & Commerce Code, is amended by |
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adding Chapter 59 to read as follows: |
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CHAPTER 59. RESPONSIBILITY FOR DEFECTS IN PLANS AND SPECIFICATIONS |
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Sec. 59.001. DEFINITION. In this chapter, "design |
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professional" means a person registered as an architect under |
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Chapter 1051, Occupations Code, or licensed as an engineer under |
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Chapter 1001, Occupations Code. |
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Sec. 59.002. IMPLIED GUARANTY AND WARRANTY BY PROVIDER OF |
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PLANS AND SPECIFICATIONS. A person, other than a design |
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professional acting in the scope of the person's profession, who |
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provides plans, specifications, or related documents to another |
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person for a contract for the construction or repair of an |
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improvement to real property, impliedly guarantees and warranties |
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the adequacy, accuracy, sufficiency, and suitability of the plans, |
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specifications, or related documents provided to the other person. |
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Sec. 59.003. WAIVER OF CHAPTER PROHIBITED. A person may not |
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waive this chapter by contract or other means. A purported waiver |
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of this chapter is void. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law in effect when the contract was entered into, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |