By: Hughes  S.B. No. 1215
         (In the Senate - Filed March 2, 2017; March 9, 2017, read
  first time and referred to Committee on State Affairs;
  April 12, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 1; April 12, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1215 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to responsibility for the consequences of defects in the
  plans, specifications, or related documents for the construction or
  repair of an improvement to real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Business & Commerce Code, is amended by
  adding Chapter 59 to read as follows:
  CHAPTER 59.  RESPONSIBILITY FOR DEFECTS IN PLANS AND
  SPECIFICATIONS
         Sec. 59.001.  APPLICABILITY.  This chapter applies only to a
  contract for the construction or repair of an improvement to real
  property.
         Sec. 59.002.  DEFINITION. In this chapter, "contractor"
  means a person required to perform work under a contract.
         Sec. 59.003.  CONTRACTOR NOT RESPONSIBLE FOR CERTAIN
  DEFECTS. A contractor is not responsible for the consequences of
  defects in and may not warranty the accuracy, adequacy,
  sufficiency, or suitability of plans, specifications, or other
  design or bid documents provided to the contractor by: 
               (1)  the person with whom the contractor entered into
  the contract; or
               (2)  another person on behalf of the person with whom
  the contractor entered into the contract.
         Sec. 59.004.  WAIVER OF CHAPTER PROHIBITED. A person may not
  waive this chapter by any means.  A purported waiver of this chapter
  is void.
         SECTION 2.  (a)  The changes in law made by this Act apply
  only to a contract for the construction or repair of an improvement
  to real property entered into on or after the effective date of this
  Act. A contract entered into before the effective date of this Act
  is governed by the law in effect when the contract was entered into,
  and the former law is continued in effect for that purpose.
         (b)  An original contract for the construction or repair of
  an improvement to real property with the owner of an interest in
  real property that is entered into before the effective date of this
  Act, and a subcontract or purchase order for providing labor or
  materials associated with that original contract, whether the
  subcontract or purchase order is entered into before, on, or after
  the effective date of this Act, is governed by the law in effect
  when the original contract was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.
 
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