| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to indemnification and duties of engineers and architects |
|
|
under certain governmental contracts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2254.0031, Government Code is amended to |
|
|
read as follows: |
|
|
2254.0031. INDEMNIFICATION. (a) A state governmental |
|
|
entity may require a contractor selected under this subchapter to |
|
|
indemnify or hold harmless the state from claims and liabilities |
|
|
resulting from the negligent acts or omissions of the contractor or |
|
|
persons employed by the contractor. A state governmental entity |
|
|
may not require a contractor to indemnify, [or] hold harmless, or |
|
|
defend the state for claims or liabilities resulting from the |
|
|
negligent acts or omissions of the state governmental entity or its |
|
|
employees. |
|
|
(b) Notwithstanding any other provision of law, Sections |
|
|
271.904(a)-(e), Local Government Code, apply to a contract for |
|
|
architectural or engineering services between an architect or |
|
|
engineer selected under this subchapter and a state agency, as |
|
|
defined by Section 2052.101. |
|
|
SECTION 2. Section 2254.0031, Government Code, as amended |
|
|
by this Act, applies only to a contract for which a request for |
|
|
proposals or a request for qualifications is first published or |
|
|
distributed on or after the effective date of this Act. A contract |
|
|
for which a request for proposals or a request for qualifications is |
|
|
first published or distributed before the effective date of this |
|
|
Act is governed by the law in effect on the date the request was |
|
|
published or distributed, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |