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A BILL TO BE ENTITLED
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AN ACT
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relating to responsibility for the consequences of defects in the |
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plans, specifications, or other documents for the construction or |
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repair 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 DEFINITIONS. In this chapter: |
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(1) "Contract" means a contract for the construction |
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or repair of an improvement to real property. |
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(2) "Contractor" means a person who is required to |
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perform work under a contract. |
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Sec. 59.002. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN |
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DEFECTS. A contractor is not responsible for the consequences of |
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defects in, and may not warranty the accuracy, adequacy, |
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sufficiency, or suitability of, plans, specifications, or other |
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design or bid documents provided to the contractor by: |
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(1) the person with whom the contractor has entered |
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into the contract; or |
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(2) another person on behalf of the person with whom |
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the contractor has entered into the contract. |
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Sec. 59.003. WAIVER OF CHAPTER PROHIBITED. A person may not |
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waive this chapter by any means. A purported waiver of this chapter |
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is void. |
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SECTION 2. (a) The changes in law made by this Act do not |
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apply to a contract that is entered into before the effective date |
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of this Act. Such a contract is governed by the law in effect when |
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the contract was entered into, and the former law is continued in |
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effect for that purpose. |
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(b) An original construction contract for the construction |
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or repair of an improvement to real property with the owner of an |
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interest in the real property that is entered into before the |
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effective date of this Act, and any subcontract or purchase order |
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for furnishing labor or materials associated with that original |
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construction contract, regardless of whether the subcontract or |
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purchase order is entered into before, on, or after the effective |
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date of this Act, is governed by the law in effect when the original |
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construction contract was entered into, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |