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