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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of engineers and certain business entities |
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performing construction monitoring and inspection services for the |
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Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 97, Civil Practice and Remedies Code, is |
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amended by adding Section 97.003 to read as follows: |
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Sec. 97.003. LIMIT ON LIABILITY OF CONSTRUCTION MONITORING |
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AND INSPECTION SERVICES. (a) In this section: |
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(1) "Business entity" means an entity registered under |
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Section 1001.405, Occupations Code. |
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(2) "Complied with the obligations under the contract" |
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means: |
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(A) performing the monitoring and inspection |
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required by a contract; and |
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(B) notifying the department, as required by the |
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contract, of any unsafe condition or operation that the person |
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becomes aware of in the normal course of providing the services |
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under the contract. |
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(3) "Department" means the Texas Department of |
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Transportation. |
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(4) "Engineer" has the meaning assigned by Section |
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1001.002, Occupations Code. |
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(b) This section applies to a business entity, an officer or |
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employee of a business entity, or an engineer that provides |
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services as a consultant or subconsultant of the department to |
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monitor and inspect the progress of work on a transportation |
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construction or maintenance project performed by a private |
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contractor and report to the department regarding the contractor's |
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compliance with the department's requirements for the project. |
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(c) A person to whom this section applies is not liable to a |
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claimant for personal injury, property damage, or death arising |
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from an act or omission performed in the course and scope of the |
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person's duties with respect to a project if: |
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(1) the person does not have authority to direct the |
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operations of the contractor or subcontractor to be monitored or |
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inspected and otherwise had no control of any of the following: |
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(A) the construction, means, methods, |
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techniques, sequences, or procedures of the contractor or |
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subcontractor; |
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(B) the safety precautions or programs of the |
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contractor or subcontractor; or |
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(C) any other person who performs the work of the |
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contractor or subcontractor to be monitored or inspected; and |
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(2) the person performing the monitoring and |
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inspecting substantially complied with the obligations under the |
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contract with the department. |
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(d) Subsection (c) does not apply to a cause of action for |
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gross negligence or wilful or wanton conduct. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |