| 1 | 1 | | By: Hughes S.B. No. 771 |
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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 certain agreements by architects an engineers in or in |
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| 7 | 7 | | connection with certain construction contracts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Chapter 130, Civil Practice and |
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| 10 | 10 | | Remedies Code, is amended to read as follows: |
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| 11 | 11 | | CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN |
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| 12 | 12 | | CONSTRUCTION CONTRACTS |
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| 13 | 13 | | SECTION 2. Section 130.002(b), Civil Practice and Remedies |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | (b) A covenant or promise in, in connection with, or |
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| 16 | 16 | | collateral to a construction contract other than a contract for a |
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| 17 | 17 | | single family or multifamily residence is void and unenforceable if |
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| 18 | 18 | | the covenant or promise provides for a registered architect or |
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| 19 | 19 | | licensed engineer whose engineering or architectural design |
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| 20 | 20 | | services are the subject of the construction contract to defend, |
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| 21 | 21 | | indemnify, or hold harmless an owner or owner's agent or employee |
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| 22 | 22 | | from liability for damage that is caused by or results from the |
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| 23 | 23 | | negligence of an owner or an owner's agent or employee. |
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| 24 | 24 | | SECTION 3. Section 130.002, Civil Practice and Remedies |
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| 25 | 25 | | Code, as amended by this Act, applies only to a covenant or promise |
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| 26 | 26 | | in, in connection with, or collateral to a construction contract |
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| 27 | 27 | | entered into on or after the effective date of this Act. A covenant |
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| 28 | 28 | | or promise in, in connection with, or collateral to a construction |
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| 29 | 29 | | contract entered into before the effective date of this Act is |
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| 30 | 30 | | governed by the law applicable to the covenant or promise |
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| 31 | 31 | | immediately before the effective date of this Act, and the law is |
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| 32 | 32 | | continued in effect for that purpose. |
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| 33 | 33 | | SECTION 4. This Act takes effect September 1, 2019. |
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