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