Texas 2023 - 88th Regular

Texas House Bill HB2584

Filed
2/21/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to indemnification and duties of real property appraisers under certain governmental contracts.

Impact

If enacted, HB 2584 is expected to significantly alter the landscape for appraisal services under governmental contracts in Texas. By prohibiting certain indemnity agreements that could expose appraisers to substantial liabilities, it reinforces the professional responsibilities that must be adhered to during appraisal work. This change reflects an effort to promote fairness in contracting practices and protect individual appraisers, similar to measures previously enacted for engineers and architects. This could potentially encourage more appraisers to engage in government contracts with a better understanding of their rights and responsibilities.

Summary

House Bill 2584 focuses on defining the indemnification clauses and duties of real property appraisers involved in government contracts. The bill aims to modify provisions within the Local Government Code concerning the responsibilities of licensed appraisers when working with governmental agencies. Specifically, it seeks to establish clearer guidelines to limit the indemnification of appraisers, ensuring they are not obligated to hold harmless or defend government agencies from liabilities arising from specific circumstances. This framework is considered essential for protecting appraisers from undue risk in their professional capacity.

Sentiment

The sentiment surrounding HB 2584 appears to be cautiously optimistic among supporters, particularly those involved in real estate and appraisal services. Proponents argue that the bill addresses critical issues of liability that have historically hindered the professional autonomy of appraisers. However, there may be concerns over the implications of such provisions and whether they might inadvertently limit accountability in certain scenarios. Overall, the discussion reflects a balance of interest between ensuring appraiser protections and maintaining necessary standards of responsibility in public contracting.

Contention

Notable points of contention regarding HB 2584 include debates around how indemnification should be structured within government contracts. Stakeholders have expressed differing opinions on the implications of limiting indemnity provisions for appraisers, particularly regarding accountability for possible negligence or failure to adhere to professional standards. As discussions unfold, it will be vital to assess how this bill interacts with existing laws and whether it may require further adjustments to optimize the balance between protecting appraisers and ensuring robust public service delivery.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 271. Purchasing And Contracting Authority Of Municipalities, Counties, And Certain Other Local Governments
    • Section: 9041
    • Section: 9041

Companion Bills

TX SB1766

Identical Relating to indemnification and duties of real property appraisers under certain governmental contracts.

Previously Filed As

TX SB1766

Relating to indemnification and duties of real property appraisers under certain governmental contracts.

Similar Bills

TX SB943

Relating to the disclosure of certain contracting information under the public information law.

TX HB2189

Relating to the disclosure of certain contracting information under the public information law.

TX HB169

Relating to the requirement that contractors verify compliance with wage payment laws in governmental contracts with governmental entities.

TX HB628

Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds.

TX HB692

Relating to retainage requirements for certain public works construction projects.

TX SB1048

Relating to the creation of public and private facilities and infrastructure.

TX HB2135

Relating to retainage requirements for certain public works construction projects.

TX HB2432

Relating to the creation of public and private facilities and infrastructure.