89R18221 MZM-F
By: DeAyala H.B. No. 3353
Substitute the following for H.B. No. 3353:
By: Schofield C.S.H.B. No. 3353
A BILL TO BE ENTITLED
AN ACT
relating to the limitation of liability for certain transportation
contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 97.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD,
AND STREET CONTRACTORS. (a) In this section, "governmental unit"
has the meaning assigned by Section 101.001.
(b) A contractor who designs, installs, constructs,
maintains, or repairs a highway, road, or street or any device or
system intended for public safety or traffic management installed
on a highway, road, or street for a governmental unit [the Texas
Department of Transportation] is not liable to a claimant for
personal injury, property damage, or death arising from the
performance of the design, installation, construction,
maintenance, or repair if, at the time of the personal injury,
property damage, or death, the contractor is in material compliance
with contract documents material to the condition or defect that
was the proximate cause of the personal injury, property damage, or
death.
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. A cause of action that accrues before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2025.