87R1347 AJA-F
By: Krause H.B. No. 2116
A BILL TO BE ENTITLED
AN ACT
relating to certain agreements by architects and engineers in or in
connection with certain construction contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 130, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN
CONSTRUCTION CONTRACTS
SECTION 2. Section 130.002, Civil Practice and Remedies
Code, is amended by adding Subsections (c), (d), and (e) to read as
follows:
(c) Except as provided by Subsection (d) or (e), a covenant
or promise in, in connection with, or collateral to a contract for
engineering or architectural services related to an improvement to
real property is void and unenforceable if the covenant or promise
provides that a licensed engineer or registered architect must
defend a party, including a third party. A covenant or promise in,
in connection with, or collateral to a contract for engineering or
architectural services related to an improvement to real property
may provide for the reimbursement of an owner's reasonable
attorney's fees in proportion to the engineer's or architect's
liability.
(d) Notwithstanding Subsection (c), an owner that is a party
to a contract for engineering or architectural services related to
an improvement to real property may require in the contract that the
engineer or architect name the owner as an additional insured under
the engineer's or architect's commercial general liability
insurance policy and provide any defense to the owner provided by
the policy to a named insured.
(e) Subsection (c) does not apply to a contract for
design-build services in which an owner contracts with a single
entity to provide both design and construction services.
SECTION 3. Chapter 130, Civil Practice and Remedies Code,
is amended by adding Section 130.0021 to read as follows:
Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE.
A contract for engineering or architectural services related to an
improvement to real property may not require a licensed engineer or
registered architect to perform professional services to a level of
professional skill and care beyond that which would be provided by
an ordinarily prudent engineer or architect with the same
professional license under the same or similar circumstances.
SECTION 4. (a) Section 130.002(c), Civil Practice and
Remedies Code, as added by this Act, applies only to a covenant or
promise in, in connection with, or collateral to a contract entered
into on or after the effective date of this Act.
(b) Sections 130.002(d) and 130.0021, Civil Practice and
Remedies Code, as added by this Act, apply only to a contract
entered into on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2021.