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A BILL TO BE ENTITLED
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AN ACT
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relating to responsibility for defects in the plans, |
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specifications, or other documents for the construction or repair |
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of highways, bridges, or real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 472, Transportation Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. RESPONSIBILITY FOR DEFECTS IN PLANS AND |
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SPECIFICATIONS |
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Sec. 472.051. DEFINITIONS. In this subchapter: |
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(1) "Contractor" means a person required to perform |
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work under a contract. |
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(2) "Governmental entity" means: |
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(A) the department; |
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(B) a regional tollway authority created under |
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Chapter 366; |
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(C) a regional mobility authority created under |
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Chapter 370; or |
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(D) a corporation organized under Chapter 431. |
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Sec. 472.052. APPLICABILITY. (a) This subchapter applies |
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only to a contract between a governmental entity and a contractor |
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for: |
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(1) the construction or repair of a highway: |
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(A) owned or operated by the governmental entity; |
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(B) of any number of lanes; and |
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(C) with or without grade separations; and |
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(2) any improvement, extension, or expansion of a |
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highway described by Subdivision (1), including: |
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(A) an improvement to relieve traffic congestion |
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and promote safety; |
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(B) a bridge, tunnel, overpass, underpass, |
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interchange, service road ramp, entrance plaza, approach, or |
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tollhouse; and |
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(C) a parking area or structure, rest stop, park, |
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or other improvement or amenity that the governmental entity |
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determines is necessary, useful, or beneficial to the operation of |
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the highway. |
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(b) This subchapter applies to: |
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(1) a governmental entity authorized by state law to |
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enter into a contract to which this subchapter applies; and |
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(2) a contractor who enters into a contract with a |
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governmental entity described by Subdivision (1). |
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Sec. 472.053. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN |
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DEFECTS. Notwithstanding any other law, a contractor operating |
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under a contract with a governmental entity to which this |
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subchapter applies is not responsible for defects or the |
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consequences of defects in 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 governmental entity; or |
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(2) a third party under a separate contract with the |
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governmental entity. |
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SECTION 2. (a) The changes in law made by this Act apply |
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only to a contract entered into on or after the effective date of |
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this Act. A contract entered into before the effective date of this |
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Act is governed by the law in effect when the contract was entered |
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into, and the former law is continued in effect for that purpose. |
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(b) An original contract with a governmental entity that |
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owns or operates a highway that is entered into before the effective |
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date of this Act, and a subcontract or purchase order for providing |
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labor or materials associated with that original contract, whether |
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the subcontract or purchase order is entered into before, on, or |
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after the effective date of this Act, is governed by the law in |
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effect when the original contract was entered into, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |