| 1 | 1 | | 86R10654 BEE-F |
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| 2 | 2 | | By: Raney H.B. No. 3087 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to responsibility for defects in the plans, |
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| 8 | 8 | | specifications, or other documents for the construction or repair |
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| 9 | 9 | | of highways, bridges, or real property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 472, Transportation Code, is amended by |
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| 12 | 12 | | adding Subchapter E to read as follows: |
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| 13 | 13 | | SUBCHAPTER E. RESPONSIBILITY FOR DEFECTS IN PLANS AND |
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| 14 | 14 | | SPECIFICATIONS |
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| 15 | 15 | | Sec. 472.051. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Contractor" means a person required to perform |
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| 17 | 17 | | work under a contract. |
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| 18 | 18 | | (2) "Governmental entity" means: |
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| 19 | 19 | | (A) the department; |
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| 20 | 20 | | (B) a regional tollway authority created under |
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| 21 | 21 | | Chapter 366; |
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| 22 | 22 | | (C) a regional mobility authority created under |
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| 23 | 23 | | Chapter 370; or |
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| 24 | 24 | | (D) a corporation organized under Chapter 431. |
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| 25 | 25 | | Sec. 472.052. APPLICABILITY. (a) This subchapter applies |
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| 26 | 26 | | only to a contract between a governmental entity and a contractor |
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| 27 | 27 | | for: |
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| 28 | 28 | | (1) the construction or repair of a highway: |
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| 29 | 29 | | (A) owned or operated by the governmental entity; |
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| 30 | 30 | | (B) of any number of lanes; and |
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| 31 | 31 | | (C) with or without grade separations; and |
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| 32 | 32 | | (2) any improvement, extension, or expansion of a |
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| 33 | 33 | | highway described by Subdivision (1), including: |
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| 34 | 34 | | (A) an improvement to relieve traffic congestion |
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| 35 | 35 | | and promote safety; |
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| 36 | 36 | | (B) a bridge, tunnel, overpass, underpass, |
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| 37 | 37 | | interchange, service road ramp, entrance plaza, approach, or |
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| 38 | 38 | | tollhouse; and |
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| 39 | 39 | | (C) a parking area or structure, rest stop, park, |
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| 40 | 40 | | or other improvement or amenity that the governmental entity |
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| 41 | 41 | | determines is necessary, useful, or beneficial to the operation of |
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| 42 | 42 | | the highway. |
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| 43 | 43 | | (b) This subchapter applies to: |
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| 44 | 44 | | (1) a governmental entity authorized by state law to |
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| 45 | 45 | | enter into a contract to which this subchapter applies; and |
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| 46 | 46 | | (2) a contractor who enters into a contract with a |
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| 47 | 47 | | governmental entity described by Subdivision (1). |
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| 48 | 48 | | Sec. 472.053. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN |
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| 49 | 49 | | DEFECTS. Notwithstanding any other law, a contractor operating |
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| 50 | 50 | | under a contract with a governmental entity to which this |
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| 51 | 51 | | subchapter applies is not responsible for defects or the |
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| 52 | 52 | | consequences of defects in the accuracy, adequacy, sufficiency, or |
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| 53 | 53 | | suitability of plans, specifications, or other design or bid |
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| 54 | 54 | | documents provided to the contractor by: |
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| 55 | 55 | | (1) the governmental entity; or |
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| 56 | 56 | | (2) a third party under a separate contract with the |
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| 57 | 57 | | governmental entity. |
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| 58 | 58 | | SECTION 2. (a) The changes in law made by this Act apply |
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| 59 | 59 | | only to a contract entered into on or after the effective date of |
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| 60 | 60 | | this Act. A contract entered into before the effective date of this |
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| 61 | 61 | | Act is governed by the law in effect when the contract was entered |
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| 62 | 62 | | into, and the former law is continued in effect for that purpose. |
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| 63 | 63 | | (b) An original contract with a governmental entity that |
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| 64 | 64 | | owns or operates a highway that is entered into before the effective |
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| 65 | 65 | | date of this Act, and a subcontract or purchase order for providing |
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| 66 | 66 | | labor or materials associated with that original contract, whether |
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| 67 | 67 | | the subcontract or purchase order is entered into before, on, or |
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| 68 | 68 | | after the effective date of this Act, is governed by the law in |
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| 69 | 69 | | effect when the original contract was entered into, and the former |
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| 70 | 70 | | law is continued in effect for that purpose. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2019. |
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