| |
| |
| |
|
|
AN ACT
|
|
|
relating to civil liability and responsibility for defects in the |
|
|
plans, specifications, or other documents for the construction or |
|
|
repair of roads, highways, and related improvements. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle Z, Title 6, Transportation Code, is |
|
|
amended by adding Chapter 473 to read as follows: |
|
|
CHAPTER 473. RESPONSIBILITY FOR DEFECTS IN PLANS AND |
|
|
SPECIFICATIONS |
|
|
Sec. 473.001. DEFINITIONS. In this chapter: |
|
|
(1) "Contract" means a contract for the construction |
|
|
or repair of a road or highway of any number of lanes, with or |
|
|
without grade separation, owned or operated by a governmental |
|
|
entity and any improvement, extension, or expansion to that road or |
|
|
highway, including: |
|
|
(A) an improvement to relieve traffic congestion |
|
|
and promote safety; |
|
|
(B) a bridge, tunnel, overpass, underpass, |
|
|
interchange, service road ramp, entrance plaza, approach, or |
|
|
tollhouse; and |
|
|
(C) a parking area or structure, rest stop, park, |
|
|
or other improvement or amenity the governmental entity considers |
|
|
necessary, useful, or beneficial for the operation of a road or |
|
|
highway. |
|
|
(2) "Contractor" means a person who is required to |
|
|
perform work under a contract. |
|
|
(3) "Governmental entity" means: |
|
|
(A) the Texas Department of Transportation; or |
|
|
(B) any political subdivision of the state that |
|
|
is acting under Chapter 284, 366, 370, or 431. |
|
|
(4) "Project specifications" means plans, reports, |
|
|
designs, or specifications prepared by a governmental entity or by |
|
|
a third party retained by a governmental entity under a separate |
|
|
contract. |
|
|
Sec. 473.002. APPLICABILITY. This chapter applies to a |
|
|
governmental entity authorized by state law to make a contract and |
|
|
to any contractor with whom a governmental entity enters into a |
|
|
contract. |
|
|
Sec. 473.003. LIMITATION ON CONTRACTOR'S RESPONSIBILITY |
|
|
FOR CERTAIN DEFECTS. (a) A contractor who enters into a contract |
|
|
with a governmental entity is not civilly liable or otherwise |
|
|
responsible for the accuracy, adequacy, sufficiency, suitability, |
|
|
or feasibility of any project specifications and is not liable for |
|
|
any damage to the extent caused by: |
|
|
(1) a defect in those project specifications; or |
|
|
(2) the errors, omissions, or negligent acts of a |
|
|
governmental entity, or of a third party retained by a governmental |
|
|
entity under a separate contract, in the rendition or conduct of |
|
|
professional duties arising out of or related to the project |
|
|
specifications. |
|
|
(b) A covenant or promise contained in a contract governed |
|
|
by this chapter is void and unenforceable to the extent that the |
|
|
covenant or promise conflicts with Subsection (a). |
|
|
(c) This section does not apply to a consultant retained in |
|
|
a separate contract by a governmental entity to expressly monitor |
|
|
the compliance with project specifications by another contractor |
|
|
with whom the governmental entity has entered into a contract. |
|
|
(d) This section does not relieve a contractor from the |
|
|
contractor's obligations or liability under a contract with a |
|
|
governmental entity. |
|
|
Sec. 473.004. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE. A |
|
|
governmental entity may not require that engineering or |
|
|
architectural services be performed to a level of professional |
|
|
skill and care beyond the level that would be provided by an |
|
|
ordinarily prudent engineer or architect with the same professional |
|
|
license and under the same or similar circumstances in a contract: |
|
|
(1) for engineering or architectural services; or |
|
|
(2) that contains engineering or architectural |
|
|
services as a component part. |
|
|
SECTION 2. (a) The changes in law made by this Act do not |
|
|
apply to a contract that is entered into before the effective date |
|
|
of this Act. Such a contract 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) A contract subject to Chapter 473, Transportation Code, |
|
|
as added by this Act, with a governmental entity that is entered |
|
|
into before the effective date of this Act, and any subcontract or |
|
|
purchase order for furnishing labor or materials associated with |
|
|
that contract, regardless of 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 immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2899 was passed by the House on April |
|
|
30, 2019, by the following vote: Yeas 115, Nays 31, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2899 was passed by the Senate on May |
|
|
15, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |