Texas Senate Bill SB687

Texas 2025 - 89th Regular

• Filed: 12/20/24
• Out of Senate Committee: 3/5/25
• Voted on by Senate: 4/10/25

Caption

Relating to liability for land surveying services in or in connection with certain construction or services contracts.

Impact

The enactment of SB 687 would primarily impact how contracts involving engineering, architectural, or land surveying services are structured and the associated liabilities for professionals operating under those contracts. By making indemnification against their own negligence void, the bill is designed to protect architects and engineers from being unfairly liable for damages that are not directly attributable to their actions. This proposed amendment to the Civil Practice and Remedies Code is perceived as a move towards safeguarding professionals who must adhere to rigorous standards of care and accountability in their work.

Summary

Senate Bill 687 addresses liability issues related to land surveying services within certain construction contracts. The legislation seeks to amend existing laws in the Civil Practice and Remedies Code, specifically concerning the indemnification of registered architects, licensed engineers, and land surveyors. The bill proposes that certain indemnity clauses that hold these professionals harmless for damages resulting from their own negligence or from defects in plans or designs be rendered void and unenforceable. This change aims to clarify the liability framework for professionals in the construction field and ensure that accountability remains with those who may have caused the issues.

Sentiment

The sentiment surrounding SB 687 appears to be largely supportive among industry professionals who advocate for clearer liability standards that would protect them from disproportionate legal risks. Advocates argue that the bill will enhance professional accountability while discouraging overly burdensome indemnification clauses that can lead to unfair legal exposure. However, there may be concerns from some parties about whether this bill could potentially leave clients without adequate recourse in cases of negligent service, which suggests a nuanced debate around the bill's implications in practice.

Contention

While SB 687 aims to stabilize liability for professional services, it could also raise contentious points regarding the balance of accountability between service providers and their clients. Critics may argue that by limiting the ability of clients to secure indemnity clauses that protect them from negligence of professionals, the bill could ultimately result in less protection for those commissioning significant construction projects. Opponents may advocate for a more balanced approach that retains some level of client protection while ensuring that professionals are not unfairly held liable for issues not within their control.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 130. Liability Provisions In Certain Construction Contracts
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Local Government Code

• Chapter 271. Purchasing And Contracting Authority Of Municipalities, Counties, And Certain Other Local Governments
  • Section: 904
  • Section: 904
  • Section: 904
  • Section: 904