S.B. No. 1215
AN ACT
relating to the creation of a joint interim committee to study
issues related to construction contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. JOINT INTERIM COMMITTEE. (a) A joint interim
committee is created to conduct a study under Section 2 of this Act.
(b) The joint interim committee is composed of members of
the appropriate standing committees of the senate and the house of
representatives as determined by the lieutenant governor and the
speaker of the house of representatives.
(c) The lieutenant governor and speaker of the house of
representatives shall each designate a co-chair from among the
joint interim committee members, and the joint interim committee
shall convene at the joint call of the co-chairs.
(d) The joint interim committee has all other powers and
duties provided to a special or select committee by the rules of the
senate and house of representatives, by Subchapter B, Chapter 301,
Government Code, and by policies of the senate and house committees
on administration.
SECTION 2. INTERIM STUDY. (a) The joint interim committee
shall conduct a study on issues relating to construction contracts
in this state to the extent the committee determines appropriate.
Those issues may include:
(1) the allocation of liability among persons involved
in a construction project;
(2) relationships among parties to construction
contracts, including property owners, general contractors,
subcontractors, and design professionals;
(3) liens on real property arising from construction
contracts;
(4) indemnification and insurance issues;
(5) warranties;
(6) standards of care for persons involved in
construction projects; and
(7) civil actions and other forms of dispute
resolution arising from construction defects and remedies for
construction defects.
(b) Not later than December 1, 2018, the joint interim
committee shall issue a report on the study required under this
section to the lieutenant governor, the speaker of the house of
representatives, and the appropriate standing committees of the
house of representatives and the senate.
SECTION 3. EXPIRATION. The joint interim committee created
under Section 1 of this Act is abolished and this Act expires
September 1, 2019.
SECTION 4. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1215 passed the Senate on
April 19, 2017, by the following vote: Yeas 29, Nays 2; and that
the Senate concurred in House amendments on May 27, 2017, by the
following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1215 passed the House, with
amendments, on May 24, 2017, by the following vote: Yeas 77,
Nays 69, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor