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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of compensatory damages caused by certain |
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delays under governmental construction contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.909 to read as follows: |
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Sec. 2252.909. LIMITATION OF COMPENSATORY DAMAGES CAUSED BY |
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GOVERNMENTAL DELAYS IN CONSTRUCTION CONTRACTS PROHIBITED. (a) In |
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this section: |
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(1) "Contractor" means a person engaged in the |
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business of developing, constructing, fabricating, repairing, |
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altering, or remodeling improvements to real property. |
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(2) "Governmental entity" means: |
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(A) the state; |
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(B) a municipality, county, public school |
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district, or special-purpose district or authority; |
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(C) a district, county, or justice of the peace |
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court; |
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(D) a board, commission, department, office, or |
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other agency in the executive branch of state government, including |
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an institution of higher education as defined by Section 61.003, |
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Education Code; |
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(E) the legislature or a legislative agency; or |
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(F) the Supreme Court of Texas, the Texas Court |
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of Criminal Appeals, a court of appeals, or the State Bar of Texas |
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or another judicial agency having statewide jurisdiction. |
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(b) A construction contract between a governmental entity |
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and a contractor may not prohibit or limit the award of compensatory |
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damages to the contractor for a delay caused solely by the |
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governmental entity. |
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(c) This section may not be waived. A purported waiver of |
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this section in violation of this subsection is void. |
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SECTION 2. Section 2252.909, Government Code, as added by |
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this Act, applies only to a construction contract entered into on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |