By: Leach (Senate Sponsor - LaMantia) H.B. No. 3156
(In the Senate - Received from the House May 1, 2023;
May 1, 2023, read first time and referred to Committee on
Transportation; May 17, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
NicholsX
WestX
AlvaradoX
EckhardtX
HancockX
KingX
MilesX
ParkerX
PerryX
A BILL TO BE ENTITLED
AN ACT
relating to liability of engineers and certain business entities
performing construction monitoring and inspection services for the
Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 97, Civil Practice and Remedies Code, is
amended by adding Section 97.003 to read as follows:
Sec. 97.003. LIMIT ON LIABILITY OF CONSTRUCTION MONITORING
AND INSPECTION SERVICES. (a) In this section:
(1) "Business entity" means an entity registered under
Section 1001.405, Occupations Code.
(2) "Complied with the obligations under the contract"
means:
(A) performing the monitoring and inspection
required by a contract; and
(B) notifying the department, as required by the
contract, of any unsafe condition or operation that the person
becomes aware of in the normal course of providing the services
under the contract.
(3) "Department" means the Texas Department of
Transportation.
(4) "Engineer" has the meaning assigned by Section
1001.002, Occupations Code.
(b) This section applies to a business entity, an officer or
employee of a business entity, or an engineer that provides
services as a consultant or subconsultant of the department to
monitor and inspect the progress of work on a transportation
construction or maintenance project performed by a private
contractor and report to the department regarding the contractor's
compliance with the department's requirements for the project.
(c) A person to whom this section applies is not liable to a
claimant for personal injury, property damage, or death arising
from an act or omission performed in the course and scope of the
person's duties with respect to a project if:
(1) the person does not have authority to direct the
operations of the contractor or subcontractor to be monitored or
inspected and otherwise had no control of any of the following:
(A) the construction, means, methods,
techniques, sequences, or procedures of the contractor or
subcontractor;
(B) the safety precautions or programs of the
contractor or subcontractor; or
(C) any other person who performs the work of the
contractor or subcontractor to be monitored or inspected; and
(2) the person performing the monitoring and
inspecting substantially complied with the obligations under the
contract with the department.
(d) Subsection (c) does not apply to a cause of action for
gross negligence or wilful or wanton conduct.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.
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