By: Leach H.B. No. 2901
A BILL TO BE ENTITLED
AN ACT
relating to civil liability and 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. LIMITATION ON CONTRACTOR'S LIABILITY AND
RESPONSIBILITY FOR CERTAIN DEFECTS. A contractor is not civilly
liable or otherwise 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. This chapter may not be
waived 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, 2019.