Texas Senate Bill SB2823

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

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.

Impact

The implications of SB2823 could be significant for highway and road contractors throughout Texas. By limiting liability, the bill may incentivize more private contractors to participate in state and local government projects, potentially leading to improved infrastructure. Proponents argue that it will both enhance public safety and reduce costs associated with litigation. However, the changes may also lead to concerns over accountability, as reduced liability could mean less incentive for contractors to adhere strictly to safety standards. The expectation is that this bill would foster a more favorable environment for public works projects in Texas.

Summary

SB2823, introduced in the Texas Legislature, aims to limit the liability of certain contractors involved in the design, installation, construction, or maintenance of highways, roads, and streets. The bill specifies that these contractors will not be liable for personal injury, property damage, or death that results from their work, provided that they were in material compliance with relevant contract documents at the time of the incident. This legal framework is intended to protect contractors, encouraging them to engage in public infrastructure projects without the fear of extensive legal repercussions from civil suits following accidents or incidents involving their work.

Contention

There are notable points of contention with SB2823. Critics might argue that limiting liability for contractors could lead to diminished safety standards, as it may remove the necessary checks that come from the threat of legal action. They could contend that it may encourage negligence if contractors feel less pressured to comply with safety protocols and regulations. Furthermore, the provision regarding the presumption of sole causation by legally impaired drivers in civil actions raises questions about fairness and the rights of individuals injured in accidents. This aspect of the bill, which could influence the outcomes of lawsuits involving impaired drivers, suggests a shift in how culpability is established in such cases.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 97. Liability Of Persons Providing Services For A Governmental Unit
  • Section: New Section