88R20073 MZM-F
By: Leach H.B. No. 3156
Substitute the following for H.B. No. 3156:
By: Murr C.S.H.B. No. 3156
A BILL TO BE ENTITLED
AN ACT
relating to liability of professional firms 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) A professional firm or an officer or
employee of a professional firm that provides monitoring and
inspection services for the Texas Department of Transportation as a
consultant or subconsultant to the department to monitor and
inspect the work on a transportation construction or maintenance
project performed by a contractor is not liable to a claimant for
personal injury, property damage, or death arising from an action
that:
(1) is performed in the course and scope of the firm's
duties to the department to ensure that the project is constructed
in conformity with the project's plans, specifications, and
contract provisions; and
(2) does not involve gross negligence or willful and
wanton misconduct by the firm.
(b) This section applies only to a professional firm
providing monitoring and inspection services for the Texas
Department of Transportation. This section does not apply to a
professional firm engaged by the department for the design or
construction of a transportation construction or maintenance
project.
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.