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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation of liability for certain transportation |
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contractors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 97.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD, |
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AND STREET CONTRACTORS. (a) In this section, "governmental unit" |
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has the meaning assigned by Section 101.001. |
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(b) A contractor who designs, installs, constructs, |
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maintains, or repairs a highway, road, or street or any device or |
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system intended for public safety or traffic management installed |
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on a highway, road, or street for a governmental unit [the Texas |
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Department of Transportation] is not liable to a claimant for |
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personal injury, property damage, or death arising from the |
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performance of the design, installation, construction, |
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maintenance, or repair if, at the time of the personal injury, |
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property damage, or death, the contractor is in material compliance |
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with contract documents material to the condition or defect that |
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was the proximate cause of the personal injury, property damage, or |
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death. |
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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. A cause of action that accrues before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |