By: Hughes S.B. No. 1215
(In the Senate - Filed March 2, 2017; March 9, 2017, read
first time and referred to Committee on State Affairs;
April 12, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; April 12, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1215 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to responsibility for the consequences of 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. APPLICABILITY. This chapter applies only to a
contract for the construction or repair of an improvement to real
property.
Sec. 59.002. DEFINITION. In this chapter, "contractor"
means a person required to perform work under a contract.
Sec. 59.003. 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 entered into
the contract; or
(2) another person on behalf of the person with whom
the contractor entered into the contract.
Sec. 59.004. 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 apply
only to a contract for the construction or repair of an improvement
to real property 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.
(b) An original contract for the construction or repair of
an improvement to real property with the owner of an interest in
real property that is entered into before the effective date of this
Act, and a subcontract or purchase order for providing labor or
materials associated with that original contract, 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 contract was entered into, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
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