| 1 | 1 | | By: Hinojosa S.B. No. 1866 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to civil liability and responsibility for defects in the |
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| 7 | 7 | | plans, specifications, or other documents for the construction or |
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| 8 | 8 | | repair of roads, highways, and related improvements. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 6, Transportation Code, is amended by |
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| 11 | 11 | | adding Chapter 473 to read as follows: |
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| 12 | 12 | | CHAPTER 473. RESPONSIBILITY FOR DEFECTS IN PLANS AND |
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| 13 | 13 | | SPECIFICATIONS |
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| 14 | 14 | | Sec. 473.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Contract" means a contract for the construction or |
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| 16 | 16 | | repair of a road or highway of any number of lanes, with or without |
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| 17 | 17 | | grade separation, owned or operated by a governmental entity, and |
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| 18 | 18 | | any improvement, extension, or expansion to that road or highway, |
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| 19 | 19 | | including: |
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| 20 | 20 | | (A) an improvement to relieve traffic congestion and |
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| 21 | 21 | | promote safety; |
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| 22 | 22 | | (B) a bridge, tunnel, overpass, underpass, interchange, |
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| 23 | 23 | | service road ramp, entrance plaza, approach, or tollhouse; and |
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| 24 | 24 | | (C) a parking area or structure, rest stop, park, or other |
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| 25 | 25 | | improvement or amenity the governmental entity considers |
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| 26 | 26 | | necessary, useful, or beneficial for the operation of a road or |
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| 27 | 27 | | highway. |
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| 28 | 28 | | (2) "Contractor" means a person who is required to perform |
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| 29 | 29 | | work under a contract. |
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| 30 | 30 | | (3) "Governmental entity" means (A) the Texas Department of |
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| 31 | 31 | | Transportation or (B) any political subdivision of the state that |
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| 32 | 32 | | is acting under Chapter 284, Chapter 366, Chapter 370, or Chapter |
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| 33 | 33 | | 431 of the Transportation Code. |
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| 34 | 34 | | (4) "Project specifications" means plans, reports, designs, |
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| 35 | 35 | | or specifications prepared by a governmental entity, or by a third |
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| 36 | 36 | | party retained by a governmental entity under separate contract. |
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| 37 | 37 | | Sec. 473.002 APPLICABILITY OF CHAPTER TO GOVERNMENTAL ENTITIES. |
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| 38 | 38 | | This chapter applies to a governmental entity authorized by state |
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| 39 | 39 | | law to make a contract and to any contractor with whom a |
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| 40 | 40 | | governmental entity enters into a contract. |
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| 41 | 41 | | Sec. 473.003. LIMITATION ON CONTRACTOR'S RESPONSIBILITY FOR |
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| 42 | 42 | | CERTAIN DEFECTS. (a) A contractor who enters into a contract as |
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| 43 | 43 | | defined by this chapter with a governmental entity is not civilly |
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| 44 | 44 | | liable or otherwise responsible for the accuracy, adequacy, |
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| 45 | 45 | | sufficiency, suitability, or feasibility of any project |
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| 46 | 46 | | specifications and is not liable for any damage that is caused by: |
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| 47 | 47 | | (1) a defect in those project specifications; or |
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| 48 | 48 | | (2) the errors, omissions, or negligent acts of a |
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| 49 | 49 | | governmental entity, or of a third party retained by a governmental |
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| 50 | 50 | | entity under separate contract, in the rendition or conduct of |
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| 51 | 51 | | professional duties arising out of or related to the project |
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| 52 | 52 | | specifications. |
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| 53 | 53 | | (b) A covenant or promise in a contract governed by this |
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| 54 | 54 | | chapter is void and unenforceable to the extent it conflicts with |
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| 55 | 55 | | subsection (a). |
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| 56 | 56 | | SECTION 2. (a) The changes in law made by this Act do not |
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| 57 | 57 | | apply to a contract that is entered into before the effective date |
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| 58 | 58 | | of this Act. Such a contract is governed by the law in effect when |
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| 59 | 59 | | the contract was entered into, and the former law is continued in |
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| 60 | 60 | | effect for that purpose. |
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| 61 | 61 | | (b) A contract subject to this chapter with a governmental |
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| 62 | 62 | | entity that is entered into before the effective date of this Act, |
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| 63 | 63 | | and any subcontract or purchase order for furnishing labor or |
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| 64 | 64 | | materials associated with that contract, regardless of whether the |
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| 65 | 65 | | purchase order is entered into before, on, or after the effective |
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| 66 | 66 | | date of this Act, is governed by the law in effect when the original |
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| 67 | 67 | | contract was entered into, and the former law is continued in effect |
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| 68 | 68 | | for that purpose. |
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| 69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2019. |
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