| 1 | 1 | | By: Hughes S.B. No. 1953 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to indemnification and duties of engineers and architects |
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| 7 | 7 | | under certain governmental contracts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2254.0031, Government Code is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | 2254.0031. INDEMNIFICATION. (a) A state governmental |
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| 12 | 12 | | entity may require a contractor selected under this subchapter to |
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| 13 | 13 | | indemnify or hold harmless the state from claims and liabilities |
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| 14 | 14 | | resulting from the negligent acts or omissions of the contractor or |
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| 15 | 15 | | persons employed by the contractor. A state governmental entity |
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| 16 | 16 | | may not require a contractor to indemnify, [or] hold harmless, or |
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| 17 | 17 | | defend the state for claims or liabilities resulting from the |
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| 18 | 18 | | negligent acts or omissions of the state governmental entity or its |
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| 19 | 19 | | employees. |
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| 20 | 20 | | (b) Notwithstanding any other provision of law, Sections |
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| 21 | 21 | | 271.904(a)-(e), Local Government Code, apply to a contract for |
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| 22 | 22 | | architectural or engineering services between an architect or |
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| 23 | 23 | | engineer selected under this subchapter and a state agency, as |
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| 24 | 24 | | defined by Section 2052.101. |
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| 25 | 25 | | SECTION 2. Section 2254.0031, Government Code, as amended |
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| 26 | 26 | | by this Act, applies only to a contract for which a request for |
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| 27 | 27 | | proposals or a request for qualifications is first published or |
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| 28 | 28 | | distributed on or after the effective date of this Act. A contract |
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| 29 | 29 | | for which a request for proposals or a request for qualifications is |
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| 30 | 30 | | first published or distributed before the effective date of this |
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| 31 | 31 | | Act is governed by the law in effect on the date the request was |
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| 32 | 32 | | published or distributed, and the former law is continued in effect |
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| 33 | 33 | | for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
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