| 1 | 1 | | 81R7181 TJS-D |
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| 2 | 2 | | By: Eiland H.B. No. 1288 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to property owner, contractor, and subcontractor |
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| 8 | 8 | | liability for certain damages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 95.001, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by adding Subdivision (4) to read as follows: |
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| 12 | 12 | | (4) "Improvement to real property" means a structure or |
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| 13 | 13 | | part of a structure permanently affixed to or incorporated into |
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| 14 | 14 | | real property. The term does not include scaffolding, ladders, or |
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| 15 | 15 | | other temporary structures used in the construction, repair, |
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| 16 | 16 | | renovation, or modification of the improvement. |
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| 17 | 17 | | SECTION 2. Section 95.003, Civil Practice and Remedies |
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| 18 | 18 | | Code, is amended to read as follows: |
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| 19 | 19 | | Sec. 95.003. LIABILITY FOR ACTS OF INDEPENDENT |
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| 20 | 20 | | CONTRACTORS. A property owner is not liable for personal injury, |
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| 21 | 21 | | death, or property damage to a contractor, subcontractor, or an |
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| 22 | 22 | | employee of a contractor or subcontractor who constructs, repairs, |
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| 23 | 23 | | renovates, or modifies an improvement to real property, including |
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| 24 | 24 | | personal injury, death, or property damage arising from the failure |
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| 25 | 25 | | to provide a safe workplace unless: |
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| 26 | 26 | | (1) the property owner exercises or retains some |
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| 27 | 27 | | control over the manner in which the work is performed, other than |
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| 28 | 28 | | the right to order the work to start or stop or to inspect progress |
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| 29 | 29 | | or receive reports; and |
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| 30 | 30 | | (2) the property owner created or had actual or |
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| 31 | 31 | | constructive knowledge of the danger or condition resulting in the |
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| 32 | 32 | | personal injury, death, or property damage and failed to correct or |
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| 33 | 33 | | adequately warn of the danger or condition. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 35 | | to a cause of action that accrues on or after the effective date of |
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| 36 | 36 | | this Act. A cause of action that accrues before the effective date |
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| 37 | 37 | | of this Act is governed by the law in effect immediately before that |
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| 38 | 38 | | date, and that law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2009. |
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