| 1 | 1 | | By: Bettencourt S.B. No. 2823 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the limitation of liability for certain highway, road, |
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| 9 | 9 | | and street contractors and the presumption of sole causation by |
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| 10 | 10 | | legally impaired drivers in certain civil actions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 97, Civil Practice and Remedies Code, |
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| 13 | 13 | | Section 97.002 is amended as follows: |
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| 14 | 14 | | Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD, |
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| 15 | 15 | | AND STREET CONTRACTORS. A contractor who designs, installs, |
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| 16 | 16 | | constructs,or repairs, or maintains a highway, road, or street, or |
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| 17 | 17 | | any devices or systems intended for public safety or traffic |
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| 18 | 18 | | management installed thereon, for the Texas Department of |
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| 19 | 19 | | Transportationany state, regional, county or local government |
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| 20 | 20 | | entity, or department thereof, is not liable to a claimant for |
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| 21 | 21 | | personal injury, property damage, or death arising from the |
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| 22 | 22 | | performance of the design, installation, construction,or repair, |
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| 23 | 23 | | or maintenance if, at the time of the personal injury, property |
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| 24 | 24 | | damage, or death, the contractor is in material compliance with |
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| 25 | 25 | | contract documents material to the condition or defect that was the |
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| 26 | 26 | | proximate cause of the personal injury, property damage, or death. |
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| 27 | 27 | | SECTION 2. This Act takes effect September 1, 2025. |
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