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A BILL TO BE ENTITLED
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AN ACT
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relating to indemnification and duties of engineers and architects |
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under certain governmental contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2254.0031, Government Code, is amended |
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to read as follows: |
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Sec. 2254.0031. INDEMNIFICATION. (a) A state governmental |
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entity may require a contractor selected under this subchapter to |
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indemnify or hold harmless the state from claims and liabilities |
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resulting from the negligent acts or omissions of the contractor or |
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persons employed by the contractor. A state governmental entity |
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may not require a contractor to indemnify, [or] hold harmless, or |
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defend the state for claims or liabilities resulting from the |
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negligent acts or omissions of the state governmental entity or its |
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employees. |
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(b) Notwithstanding any other provision of law, Sections |
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271.904(a)-(e) and (g), Local Government Code, apply to a contract |
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for architectural or engineering services between an architect or |
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engineer selected under this subchapter and a state agency as |
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defined by Section 2052.101. |
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SECTION 2. |
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Section 271.904, Local Government Code, is |
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amended by amending Subsection (d) and adding Subsection (g) to |
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read as follows: |
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(d) A contract for engineering or architectural services to |
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which a governmental agency is a party must require a licensed |
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engineer or registered architect to perform services: |
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(1) with the professional skill and care ordinarily |
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provided by competent engineers or architects practicing [in the
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same or similar locality and] under the same or similar |
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circumstances and professional license; and |
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(2) as expeditiously as is prudent considering the |
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ordinary professional skill and care of a competent engineer or |
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architect. |
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(g) Nothing in this section prohibits a governmental agency |
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in a contract for engineering or architectural services to which |
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the governmental agency is a party from including and enforcing |
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conditions that relate to the scope, fees, and schedule of a project |
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in the contract. |
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SECTION 3. Section 2254.0031, Government Code, as amended |
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by this Act, applies only to a contract for which a request for |
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proposals or a request for qualifications is first published or |
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distributed on or after the effective date of this Act. A contract |
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for which a request for proposals or a request for qualifications is |
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first published or distributed before the effective date of this |
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Act is governed by the law in effect on the date the request was |
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published or distributed, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |