Texas 2015 - 84th Regular

Texas Senate Bill SB799 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8082 SCL-D
2	2	By: Eltife S.B. No. 799
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to indemnification and duties of engineers and architects
8	8	under certain governmental contracts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 271.904, Local Government Code, is
11	11	amended to read as follows:
12	12	Sec. 271.904. ENGINEERING OR ARCHITECTURAL SERVICES
13	13	CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES OF ENGINEER OR
14	14	ARCHITECT. (a) A covenant or promise in, in connection with, or
15	15	collateral to a contract for engineering or architectural services
16	16	to which a governmental agency is a party is void and unenforceable
17	17	if the covenant or promise provides that a licensed engineer or
18	18	registered architect whose work product is the subject of the
19	19	contract must indemnify, hold harmless, or defend the governmental
20	20	agency against liability for damage, other than liability for
21	21	damage to the extent that the damage is caused by or results from an
22	22	act of negligence, intentional tort, intellectual property
23	23	infringement, or failure to pay a subcontractor or supplier
24	24	committed by the indemnitor or the indemnitor's agent, consultant
25	25	under contract, or another entity over which the indemnitor
26	26	exercises control.
27	27	(b) If a contract for engineering or architectural services
28	28	to which a governmental agency is a party contains an
29	29	indemnification covenant or promise authorized under Subsection
30	30	(a), the covenant or promise may not provide for a duty to defend
31	31	but may provide that the governmental agency may seek the
32	32	reimbursement of reasonable attorney's fees after a final
33	33	adjudication of liability due to an act described by Subsection
34	34	(a).
35	35	(c) A contract for engineering or architectural services to
36	36	which a governmental agency is a party must require a licensed
37	37	engineer or registered architect to perform services:
38	38	(1) with the professional skill and care ordinarily
39	39	provided by engineers or architects practicing in the same or
40	40	similar locality and under the same or similar circumstances; and
41	41	(2) as expeditiously as is prudent considering the
42	42	ordinary professional skill and care of an engineer or architect
43	43	and the orderly progress of the project.
44	44	(d) In a contract for engineering or architectural services
45	45	to which a governmental agency is a party, a provision establishing
46	46	a different standard of care than a standard described by
47	47	Subsection (c) is void and unenforceable.
48	48	(e) In this section, "governmental agency" has the meaning
49	49	assigned by Section 271.003.
50	50	SECTION 2. Section 271.904, Local Government Code, as
51	51	amended by this Act, applies only to a contract for which a request
52	52	for proposals or a request for qualifications is first published or
53	53	distributed on or after the effective date of this Act. A contract
54	54	for which a request for proposals or a request for qualifications is
55	55	first published or distributed before the effective date of this
56	56	Act is governed by the law in effect on the date the request was
57	57	published or distributed, and the former law is continued in effect
58	58	for that purpose.
59	59	SECTION 3. This Act takes effect September 1, 2015.