| 1 | 1 | | 85R7798 GRM-F |
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| 2 | 2 | | By: Kacal H.B. No. 2170 |
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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 responsibility for defects in the plans, |
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| 8 | 8 | | specifications, or related documents for the construction or repair |
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| 9 | 9 | | of an improvement to real property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 4, Business & Commerce Code, is amended by |
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| 12 | 12 | | adding Chapter 59 to read as follows: |
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| 13 | 13 | | CHAPTER 59. RESPONSIBILITY FOR DEFECTS IN PLANS AND SPECIFICATIONS |
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| 14 | 14 | | Sec. 59.001. DEFINITION. In this chapter, "design |
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| 15 | 15 | | professional" means a person registered as an architect under |
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| 16 | 16 | | Chapter 1051, Occupations Code, or licensed as an engineer under |
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| 17 | 17 | | Chapter 1001, Occupations Code. |
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| 18 | 18 | | Sec. 59.002. IMPLIED GUARANTY AND WARRANTY BY PROVIDER OF |
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| 19 | 19 | | PLANS AND SPECIFICATIONS. A person, other than a design |
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| 20 | 20 | | professional acting in the scope of the person's profession, who |
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| 21 | 21 | | provides plans, specifications, or related documents to another |
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| 22 | 22 | | person for a contract for the construction or repair of an |
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| 23 | 23 | | improvement to real property, impliedly guarantees and warranties |
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| 24 | 24 | | the adequacy, accuracy, sufficiency, and suitability of the plans, |
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| 25 | 25 | | specifications, or related documents provided to the other person. |
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| 26 | 26 | | Sec. 59.003. WAIVER OF CHAPTER PROHIBITED. A person may not |
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| 27 | 27 | | waive this chapter by contract or other means. A purported waiver |
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| 28 | 28 | | of this chapter is void. |
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| 29 | 29 | | SECTION 2. The changes in law made by this Act apply only to |
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| 30 | 30 | | a contract entered into on or after the effective date of this Act. |
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| 31 | 31 | | A contract entered into before the effective date of this Act is |
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| 32 | 32 | | governed by the law in effect when the contract was entered into, |
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| 33 | 33 | | and the former law is continued in effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
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