Texas 2025 - 89th Regular

Texas House Bill HB3306 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R18707~~ AJA-F
	1	+	89R8018 AJA-F
2	2		By: Dean H.B. No. 3306
3		-	Substitute the following for H.B. No. 3306:
4		-	By: Dean C.S.H.B. No. 3306
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the applicability of certain laws affecting
12	10		indemnification agreements to certain contracts or agreements
13	11		pertaining to electric utility infrastructure.
14	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	13		SECTION 1. Section 151.105, Insurance Code, is amended to
16	14		read as follows:
17	15		Sec. 151.105. EXCLUSIONS. This subchapter does not affect:
18	16		(1) an insurance policy, including a policy issued
19	17		under an owner-controlled or owner-sponsored consolidated
20	18		insurance program or a contractor-controlled or
21	19		contractor-sponsored consolidated insurance program, except as
22	20		provided by Section 151.104;
23	21		(2) a cause of action for breach of contract or
24	22		warranty that exists independently of an indemnity obligation,
25	23		including an indemnity obligation in a construction contract under
26	24		a construction project for which insurance is provided under a
27	25		consolidated insurance program;
28	26		(3) indemnity provisions contained in loan and
29	27		financing documents, other than construction contracts to which the
30	28		contractor and owner's lender are parties as provided under Section
31	29		151.001(5);
32	30		(4) general agreements of indemnity required by
33	31		sureties as a condition of execution of bonds for construction
34	32		contracts;
35	33		(5) the benefits and protections under the workers'
36	34		compensation laws of this state;
37	35		(6) the benefits or protections under the governmental
38	36		immunity laws of this state;
39	37		(7) agreements subject to Chapter 127, Civil Practice
40	38		and Remedies Code;
41	39		(8) a license agreement between a railroad company and
42	40		a person that permits the person to enter the railroad company's
43	41		property as an accommodation to the person for work under a
44	42		construction contract that does not primarily benefit the railroad
45	43		company;
46	44		(9) an indemnity provision pertaining to a claim based
47	45		upon copyright infringement;
48	46		(10) an indemnity provision in a construction
49	47		contract, or in an agreement collateral to or affecting a
50	48		construction contract, pertaining to:
51	49		(A) a single family house, townhouse, duplex, or
52	50		land development directly related thereto; [or]
53	51		(B) a public works project of a municipality; or
54		-	(C) electric infrastructure construction,
55		-	maintenance, or vegetation management for an electric utility or a
56		-	transmission and distribution utility as those terms are defined by
57		-	Section 31.002, Utilities Code, or an electric cooperative, as that
58		-	term is defined by Section 11.003, Utilities Code; or
	52	+	(C) installation or construction of electric
	53	+	infrastructure for or vegetation management for an electric utility
	54	+	or a transmission and distribution utility as those terms are
	55	+	defined by Section 31.002, Utilities Code; or
59	56		(11) a joint defense agreement entered into after a
60	57		claim is made.
61	58		SECTION 2. The change in law made by this Act applies only
62	59		to a contract or agreement entered into on or after the effective
63	60		date of this Act. A contract or agreement entered into before the
64	61		effective date of this Act is governed by the law as it existed
65	62		immediately before the effective date of this Act, and that law is
66	63		continued in effect for that purpose.
67	64		SECTION 3. This Act takes effect September 1, 2025.