By: Bettencourt S.B. No. 2823
A BILL TO BE ENTITLED
AN ACT
relating to the limitation of liability for certain highway, road,
and street contractors and the presumption of sole causation by
legally impaired drivers in certain civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 97, Civil Practice and Remedies Code,
Section 97.002 is amended as follows:
Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD,
AND STREET CONTRACTORS. A contractor who designs, installs,
constructs,or repairs, or maintains a highway, road, or street, or
any devices or systems intended for public safety or traffic
management installed thereon, for the Texas Department of
Transportationany state, regional, county or local government
entity, or department thereof, is not liable to a claimant for
personal injury, property damage, or death arising from the
performance of the design, installation, construction,or repair,
or maintenance 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. This Act takes effect September 1, 2025.