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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. The heading to Chapter 130, Civil Practice and |
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Remedies Code, is amended to read as follows: |
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CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN |
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CONSTRUCTION CONTRACTS |
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SECTION 2. 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 3. Chapter 130, Civil Practice and Remedies Code, |
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is amended by adding Section 130.0021 to read as follows: |
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Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE. |
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A contract for engineering or architectural services must require a |
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licensed engineer or registered architect to perform services with |
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the professional skill and care ordinarily provided by competent |
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engineers or architects practicing under the same or similar |
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circumstances and professional license. |
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SECTION 4. Section 130.002, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a covenant or promise |
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in, in connection with, or collateral to a construction contract |
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entered into on or after the effective date of this Act. A covenant |
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or promise in, in connection with, or collateral to a construction |
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contract entered into before the effective date of this Act is |
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governed by the law applicable to the covenant or promise |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. Section 130.0021, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a contract entered into |
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on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |