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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability and responsibility for the consequences |
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of defects in the plans, specifications, or related documents for |
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the construction or 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. APPLICABILITY. This chapter applies only to a |
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contract for the construction or repair of an improvement to real |
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property. |
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Sec. 59.002. DEFINITION. In this chapter, "contractor" |
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means a person required to perform work under a contract. |
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Sec. 59.003. LIMITATION ON CONTRACTOR'S LIABILITY AND |
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RESPONSIBILITY FOR CERTAIN DEFECTS. A contractor is not civilly |
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liable or otherwise responsible for the consequences of defects in |
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and may not warranty the accuracy, adequacy, sufficiency, or |
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suitability of plans, specifications, or other design or bid |
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documents provided to the contractor by: |
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(1) the person with whom the contractor entered into |
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the contract; or |
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(2) another person on behalf of the person with whom |
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the contractor entered into the contract. |
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Sec. 59.004. WAIVER OF CHAPTER. This chapter may not be |
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waived by any means. A purported waiver of this chapter is void. |
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SECTION 2. (a) The changes in law made by this Act apply |
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only to a contract for the construction or repair of an improvement |
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to real property entered into on or after the effective date of this |
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Act. |
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A contract entered into before the effective date of this Act |
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is governed by the law in effect when the contract was entered into, |
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and the former law is continued in effect for that purpose. |
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(b) An original contract for the construction or repair of |
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an improvement to real property with the owner of an interest in |
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real property that is entered into before the effective date of this |
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Act, and a subcontract or purchase order for providing labor or |
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materials associated with that original contract, whether the |
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subcontract or purchase order is entered into before, on, or after |
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the effective date of this Act, is governed by the law in effect |
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when the original 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, 2019. |