By: Hughes S.B. No. 1215
A BILL TO BE ENTITLED
AN ACT
relating to responsibility for the consequences of defects in the
plans, specifications, or other 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 DEFINITIONS. In this chapter:
(1) "Contract" means a contract for the construction
or repair of an improvement to real property.
(2) "Contractor" means a person who is required to
perform work under a contract.
Sec. 59.002. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN
DEFECTS. A contractor is not responsible for the consequences of
defects in, and may not warranty the accuracy, adequacy,
sufficiency, or suitability of, plans, specifications, or other
design or bid documents provided to the contractor by:
(1) the person with whom the contractor has entered
into the contract; or
(2) another person on behalf of the person with whom
the contractor has entered into the contract.
Sec. 59.003. WAIVER OF CHAPTER PROHIBITED. A person may not
waive this chapter by any means. A purported waiver of this chapter
is void.
SECTION 2. (a) The changes in law made by this Act do not
apply to a contract that is entered into before the effective date
of this Act. Such a contract is governed by the law in effect when
the contract was entered into, and the former law is continued in
effect for that purpose.
(b) An original construction contract for the construction
or repair of an improvement to real property with the owner of an
interest in the real property that is entered into before the
effective date of this Act, and any subcontract or purchase order
for furnishing labor or materials associated with that original
construction contract, regardless of whether the subcontract or
purchase order is entered into before, on, or after the effective
date of this Act, is governed by the law in effect when the original
construction contract was entered into, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.