Texas 2025 - 89th Regular

Texas House Bill HB3353

Filed
2/25/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the limitation of liability for certain transportation contractors.

Impact

The implications of HB3353 are significant for transportation contractors in Texas, as it provides them with a greater degree of legal protection, potentially making it easier for entities to engage in work on public infrastructure without the fear of facing extensive liability claims. By capping the liability for such contractors, the bill may facilitate an increase in public works projects, thereby possibly improving the state’s infrastructure over time. However, the bill only applies to causes of action that accrue after its effective date, September 1, 2025, thereby ensuring that prior claims are governed by the previous applicable laws.

Summary

House Bill 3353 seeks to amend the Civil Practice and Remedies Code, specifically focusing on the limitations of liability for transportation contractors involved in the design, installation, construction, maintenance, or repair of highways, roads, and streets. Under this bill, contractors would be shielded from liability for personal injury, property damage, or deaths resulting from their work, as long as they comply with the relevant contract documents at the time of the incident. This modification aims to reduce the legal risks associated with these types of contracts and encourage more contractors to take on projects for public infrastructure.

Sentiment

Discussions surrounding the bill have revealed a moderate level of support among legislators, particularly from those who advocate for reduced regulatory burdens on contractors. Proponents see the legislation as a way to encourage more private sector participation in public projects and to expedite infrastructure development. Conversely, some voices in the discussion have raised concerns about the potential negative impacts of limiting liability, expressing fears that it may compromise safety standards and accountability for contractors if they are shielded from liability for negligence.

Contention

The primary points of contention regarding HB3353 center around the balance between encouraging economic development and maintaining adequate safety and accountability measures. Critics argue that while the bill may benefit contractors by reducing their liability, it could simultaneously expose the public to higher risks in construction-related injuries or damages. They contend that the proposed changes may lead to insufficient oversight of contractor performance, potentially undermining the intent to protect public safety in infrastructure projects. This tension highlights the need for careful consideration of liability laws to ensure that protections for businesses do not come at the cost of public welfare.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 97. Liability Of Persons Providing Services For A Governmental Unit
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2823

Identical Relating to the limitation of liability for certain highway, road, and street contractors and the presumption of sole causation by legally impaired drivers in certain civil actions.

Similar Bills

No similar bills found.