86R8623 AJA-F
By: Darby H.B. No. 1211
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. The heading to Chapter 130, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN
CONSTRUCTION CONTRACTS
SECTION 2. 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 3. Chapter 130, Civil Practice and Remedies Code,
is amended by adding Section 130.0021 to read as follows:
Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE.
A contract for engineering or architectural services must require a
licensed engineer or registered architect to perform services with
the professional skill and care ordinarily provided by competent
engineers or architects practicing under the same or similar
circumstances and professional license.
SECTION 4. Section 130.002, Civil Practice and Remedies
Code, as amended 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 5. Section 130.0021, Civil Practice and Remedies
Code, as added by this Act, applies only to a contract entered into
on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2019.