Texas 2017 - 85th Regular

Texas House Bill HB3021 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Phelan, et al. (Senate Sponsor - Hughes) H.B. No. 3021
2		-	(In the Senate - Received from the House May 15, 2017;
3		-	May 15, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3021
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to indemnification and duties of engineers and architects
12	6		under certain governmental contracts.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 2254.0031, Government Code, is amended
15	9		to read as follows:
16	10		Sec. 2254.0031. INDEMNIFICATION. (a) A state governmental
17	11		entity may require a contractor selected under this subchapter to
18	12		indemnify or hold harmless the state from claims and liabilities
19	13		resulting from the negligent acts or omissions of the contractor or
20	14		persons employed by the contractor. A state governmental entity
21	15		may not require a contractor to indemnify, [or] hold harmless, or
22	16		defend the state for claims or liabilities resulting from the
23	17		negligent acts or omissions of the state governmental entity or its
24	18		employees.
25	19		(b) Notwithstanding any other provision of law, Sections
26	20		271.904(a)-(e) and (g), Local Government Code, apply to a contract
27	21		for architectural or engineering services between an architect or
28	22		engineer selected under this subchapter and a state agency as
29	23		defined by Section 2052.101.
30	24		SECTION 2. Section 271.904, Local Government Code, is
31	25		amended by amending Subsection (d) and adding Subsection (g) to
32	26		read as follows:
33	27		(d) A contract for engineering or architectural services to
34	28		which a governmental agency is a party must require a licensed
35	29		engineer or registered architect to perform services:
36	30		(1) with the professional skill and care ordinarily
37	31		provided by competent engineers or architects practicing [in the
38	32		same or similar locality and] under the same or similar
39	33		circumstances and professional license; and
40	34		(2) as expeditiously as is prudent considering the
41	35		ordinary professional skill and care of a competent engineer or
42	36		architect.
43	37		(g) Nothing in this section prohibits a governmental agency
44	38		in a contract for engineering or architectural services to which
45	39		the governmental agency is a party from including and enforcing
46	40		conditions that relate to the scope, fees, and schedule of a project
47	41		in the contract.
48	42		SECTION 3. Section 2254.0031, Government Code, as amended
49	43		by this Act, applies only to a contract for which a request for
50	44		proposals or a request for qualifications is first published or
51	45		distributed on or after the effective date of this Act. A contract
52	46		for which a request for proposals or a request for qualifications is
53	47		first published or distributed before the effective date of this
54	48		Act is governed by the law in effect on the date the request was
55	49		published or distributed, and the former law is continued in effect
56	50		for that purpose.
57	51		SECTION 4. This Act takes effect September 1, 2017.
58		-	* * * * *
	52	+	______________________________ ______________________________
	53	+	President of the Senate Speaker of the House
	54	+	I certify that H.B. No. 3021 was passed by the House on May
	55	+	12, 2017, by the following vote: Yeas 143, Nays 0, 1 present, not
	56	+	voting.
	57	+	______________________________
	58	+	Chief Clerk of the House
	59	+	I certify that H.B. No. 3021 was passed by the Senate on May
	60	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	61	+	______________________________
	62	+	Secretary of the Senate
	63	+	APPROVED: _____________________
	64	+	Date
	65	+	_____________________
	66	+	Governor