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A BILL TO BE ENTITLED
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AN ACT
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relating to certain agreements by architects and engineers in or in |
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connection with certain construction contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 130.002(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) A covenant or promise in, in connection with, or |
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collateral to a construction contract other than a contract for a |
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single family or multifamily residence is void and unenforceable if |
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the covenant or promise provides for a registered architect or |
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licensed engineer whose engineering or architectural design |
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services are the subject of the construction contract to defend, |
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indemnify, or hold harmless an owner or owner's agent or employee |
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from liability for damage that is caused by or results from the |
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negligence of a person other than the architect or engineer [an
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owner or an owner's agent or employee]. |
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SECTION 2. The change in law made by this Act applies only |
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to a covenant or promise in, in connection with, or collateral to a |
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construction contract entered into on or after the effective date |
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of this Act. A covenant or promise in, in connection with, or |
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collateral to a construction contract entered into before the |
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effective date of this Act is governed by the law applicable to the |
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covenant or promise immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |