85R8048 AJA-F
By: Longoria H.B. No. 3110
A BILL TO BE ENTITLED
AN ACT
relating to certain agreements by architects and engineers in or in
connection with certain construction contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 130.002(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) A covenant or promise in, in connection with, or
collateral to a construction contract other than a contract for a
single family or multifamily residence is void and unenforceable if
the covenant or promise provides for a registered architect or
licensed engineer whose engineering or architectural design
services are the subject of the construction contract to defend,
indemnify, or hold harmless an owner or owner's agent or employee
from liability for damage that is caused by or results from the
negligence of a person other than the architect or engineer [an
owner or an owner's agent or employee].
SECTION 2. The change in law made by this Act applies only
to a covenant or promise in, in connection with, or collateral to a
construction contract entered into on or after the effective date
of this Act. A covenant or promise in, in connection with, or
collateral to a construction contract entered into before the
effective date of this Act is governed by the law applicable to the
covenant or promise immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.