86R10654 BEE-F
By: Raney H.B. No. 3087
A BILL TO BE ENTITLED
AN ACT
relating to responsibility for defects in the plans,
specifications, or other documents for the construction or repair
of highways, bridges, or real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 472, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. RESPONSIBILITY FOR DEFECTS IN PLANS AND
SPECIFICATIONS
Sec. 472.051. DEFINITIONS. In this subchapter:
(1) "Contractor" means a person required to perform
work under a contract.
(2) "Governmental entity" means:
(A) the department;
(B) a regional tollway authority created under
Chapter 366;
(C) a regional mobility authority created under
Chapter 370; or
(D) a corporation organized under Chapter 431.
Sec. 472.052. APPLICABILITY. (a) This subchapter applies
only to a contract between a governmental entity and a contractor
for:
(1) the construction or repair of a highway:
(A) owned or operated by the governmental entity;
(B) of any number of lanes; and
(C) with or without grade separations; and
(2) any improvement, extension, or expansion of a
highway described by Subdivision (1), including:
(A) an improvement to relieve traffic congestion
and promote safety;
(B) a bridge, tunnel, overpass, underpass,
interchange, service road ramp, entrance plaza, approach, or
tollhouse; and
(C) a parking area or structure, rest stop, park,
or other improvement or amenity that the governmental entity
determines is necessary, useful, or beneficial to the operation of
the highway.
(b) This subchapter applies to:
(1) a governmental entity authorized by state law to
enter into a contract to which this subchapter applies; and
(2) a contractor who enters into a contract with a
governmental entity described by Subdivision (1).
Sec. 472.053. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN
DEFECTS. Notwithstanding any other law, a contractor operating
under a contract with a governmental entity to which this
subchapter applies is not responsible for defects or the
consequences of defects in the accuracy, adequacy, sufficiency, or
suitability of plans, specifications, or other design or bid
documents provided to the contractor by:
(1) the governmental entity; or
(2) a third party under a separate contract with the
governmental entity.
SECTION 2. (a) The changes in law made by this Act apply
only to a contract 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 with a governmental entity that
owns or operates a highway 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.