By: Hinojosa S.B. No. 1866
A BILL TO BE ENTITLED
AN ACT
relating to civil liability and responsibility for defects in the
plans, specifications, or other documents for the construction or
repair of roads, highways, and related improvements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Transportation Code, is amended by
adding Chapter 473 to read as follows:
CHAPTER 473. RESPONSIBILITY FOR DEFECTS IN PLANS AND
SPECIFICATIONS
Sec. 473.001. DEFINITIONS. In this chapter:
(1) "Contract" means a contract for the construction or
repair of a road or highway of any number of lanes, with or without
grade separation, owned or operated by a governmental entity, and
any improvement, extension, or expansion to that road or highway,
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 the governmental entity considers
necessary, useful, or beneficial for the operation of a road or
highway.
(2) "Contractor" means a person who is required to perform
work under a contract.
(3) "Governmental entity" means (A) the Texas Department of
Transportation or (B) any political subdivision of the state that
is acting under Chapter 284, Chapter 366, Chapter 370, or Chapter
431 of the Transportation Code.
(4) "Project specifications" means plans, reports, designs,
or specifications prepared by a governmental entity, or by a third
party retained by a governmental entity under separate contract.
Sec. 473.002 APPLICABILITY OF CHAPTER TO GOVERNMENTAL ENTITIES.
This chapter applies to a governmental entity authorized by state
law to make a contract and to any contractor with whom a
governmental entity enters into a contract.
Sec. 473.003. LIMITATION ON CONTRACTOR'S RESPONSIBILITY FOR
CERTAIN DEFECTS. (a) A contractor who enters into a contract as
defined by this chapter with a governmental entity is not civilly
liable or otherwise responsible for the accuracy, adequacy,
sufficiency, suitability, or feasibility of any project
specifications and is not liable for any damage that is caused by:
(1) a defect in those project specifications; or
(2) the errors, omissions, or negligent acts of a
governmental entity, or of a third party retained by a governmental
entity under separate contract, in the rendition or conduct of
professional duties arising out of or related to the project
specifications.
(b) A covenant or promise in a contract governed by this
chapter is void and unenforceable to the extent it conflicts with
subsection (a).
SECTION 2. (a) The changes in law made by this Act do not
apply to a contract that is entered into before the effective date
of this Act. Such a contract 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) A contract subject to this chapter with a governmental
entity that is entered into before the effective date of this Act,
and any subcontract or purchase order for furnishing labor or
materials associated with that contract, regardless of whether the
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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.