Texas 2025 - 89th Regular

Texas Senate Bill SB687 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes S.B. No. 687
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3		-
	2	+	(In the Senate - Filed December 20, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 5, 2025, reported favorably by the following vote: Yeas 11,
	5	+	Nays 0; March 5, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to liability for land surveying services in or in
9	12		connection with certain construction or services contracts.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Section 130.001, Civil Practice and Remedies
12	15		Code, is amended to read as follows:
13	16		Sec. 130.001. DEFINITIONS [DEFINITION]. In this chapter:
14	17		(1) "Construction ["construction] contract" means a
15	18		contract or agreement made and entered into by an owner,
16	19		contractor, subcontractor, registered architect, licensed
17	20		engineer, land surveyor, or supplier concerning the design,
18	21		construction, alteration, repair, or maintenance of a building,
19	22		structure, appurtenance, road, highway, bridge, dam, levee, or
20	23		other improvement to or on real property, including moving,
21	24		demolition, and excavation connected with the real property.
22	25		(2) "Land surveyor" means a registered professional
23	26		land surveyor or licensed state land surveyor as those terms are
24	27		defined by Section 1071.002, Occupations Code.
25	28		SECTION 2. Sections 130.002(a), (b), (c), (d), and (f),
26	29		Civil Practice and Remedies Code, are amended to read as follows:
27	30		(a) A covenant or promise in, in connection with, or
28	31		collateral to a construction contract is void and unenforceable if
29	32		the covenant or promise provides for a contractor who is to perform
30	33		the work that is the subject of the construction contract to
31	34		indemnify or hold harmless a registered architect, licensed
32	35		engineer, or land surveyor, or an agent, servant, or employee of a
33	36		registered architect, [or] licensed engineer, or land surveyor from
34	37		liability for damage that:
35	38		(1) is caused by or results from:
36	39		(A) defects in plans, designs, or specifications
37	40		prepared, approved, or used by the architect, [or] engineer, or
38	41		land surveyor; or
39	42		(B) negligence of the architect, [or] engineer,
40	43		or land surveyor in the rendition or conduct of professional duties
41	44		called for or arising out of the construction contract and the
42	45		plans, designs, or specifications that are a part of the
43	46		construction contract; and
44	47		(2) arises from:
45	48		(A) personal injury or death;
46	49		(B) property injury; or
47	50		(C) any other expense that arises from personal
48	51		injury, death, or property injury.
49	52		(b) A covenant or promise in, in connection with, or
50	53		collateral to a construction contract other than a contract for a
51	54		single family or multifamily residence is void and unenforceable if
52	55		the covenant or promise provides for a registered architect, [or]
53	56		licensed engineer, or land surveyor whose engineering, [or]
54	57		architectural, or land surveying design services are the subject of
55	58		the construction contract to indemnify or hold harmless an owner or
56	59		owner's agent or employee from liability for damage that is caused
57	60		by or results from the negligence of an owner or an owner's agent or
58	61		employee.
59	62		(c) Except as provided by Subsection (d), (e), or (f), a
60	63		covenant or promise in, in connection with, or collateral to a
61	64		construction contract for engineering, [or] architectural, or land
62	65		surveying services related to an improvement to real property is
63	66		void and unenforceable to the extent the covenant or promise
64	67		provides that a licensed engineer, [or] registered architect, or
65	68		land surveyor must defend a party, including a third party, against
66	69		a claim based wholly or partly on the negligence of, fault of, or
67	70		breach of contract by the owner, the owner's agent, the owner's
68	71		employee, or another entity over which the owner exercises
69	72		control. A covenant or promise in, in connection with, or
70	73		collateral to a contract for engineering, [or] architectural, or
71	74		land surveying services related to an improvement to real property
72	75		may provide for the reimbursement of an owner's reasonable
73	76		attorney's fees in proportion to the engineer's, [or] architect's,
74	77		or land surveyor's liability.
75	78		(d) Notwithstanding Subsection (c), an owner that is a party
76	79		to a contract for engineering, [or] architectural, or land
77	80		surveying services related to an improvement to real property may
78	81		require in the contract that the engineer, [or] architect, or land
79	82		surveyor name the owner as an additional insured under any of the
80	83		engineer's, [or] architect's, or land surveyor's insurance coverage
81	84		to the extent additional insureds are allowed under the policy and
82	85		provide any defense to the owner provided by the policy to a named
83	86		insured.
84	87		(f) Subsection (c) does not apply to a covenant to defend a
85	88		party, including a third party, for a claim of negligent hiring of
86	89		the architect, [or] engineer, or land surveyor.
87	90		SECTION 3. The heading to Section 130.0021, Civil Practice
88	91		and Remedies Code, is amended to read as follows:
89	92		Sec. 130.0021. ARCHITECT'S, [OR] ENGINEER'S, OR LAND
90	93		SURVEYOR'S STANDARD OF CARE.
91	94		SECTION 4. Sections 130.0021(a) and (b), Civil Practice and
92	95		Remedies Code, are amended to read as follows:
93	96		(a) A construction contract for architectural, [or]
94	97		engineering, or land surveying services or a contract related to
95	98		the construction or repair of an improvement to real property that
96	99		contains architectural, [or] engineering, or land surveying
97	100		services as a component part must require that the architectural,
98	101		[or] engineering, or land surveying services be performed with the
99	102		professional skill and care ordinarily provided by competent
100	103		architects, [or] engineers, or land surveyors practicing under the
101	104		same or similar circumstances and professional license.
102	105		(b) If a contract described by Subsection (a) contains a
103	106		provision establishing a different standard of care than the
104	107		standard described by Subsection (a):
105	108		(1) the provision is void and unenforceable; and
106	109		(2) the standard of care described by Subsection (a)
107	110		applies to the performance of the architectural, [or] engineering,
108	111		or land surveying services.
109	112		SECTION 5. Section 130.004(b), Civil Practice and Remedies
110	113		Code, is amended to read as follows:
111	114		(b) Except as provided by Section 130.002(b) or (c) or
112	115		Section 130.0021, this chapter does not prohibit or make void or
113	116		unenforceable a covenant or promise to:
114	117		(1) indemnify or hold harmless an owner of an interest
115	118		in real property and persons employed solely by that owner; or
116	119		(2) allocate, release, liquidate, limit, or exclude
117	120		liability in connection with a construction contract between an
118	121		owner or other person for whom a construction contract is being
119	122		performed and a registered architect, [or] licensed engineer, or
120	123		land surveyor.
121	124		SECTION 6. Section 130.005, Civil Practice and Remedies
122	125		Code, is amended to read as follows:
123	126		Sec. 130.005. APPLICATION OF CHAPTER. This chapter does
124	127		not apply to a contract or agreement in which an architect, [or]
125	128		engineer, or land surveyor, or an agent, servant, or employee of an
126	129		architect, [or] engineer, or land surveyor, is indemnified from
127	130		liability for:
128	131		(1) negligent acts other than those described by this
129	132		chapter; or
130	133		(2) negligent acts of the contractor, any
131	134		subcontractor, any person directly or indirectly employed by the
132	135		contractor or a subcontractor, or any person for whose acts the
133	136		contractor or a subcontractor may be liable.
134	137		SECTION 7. Section 271.904, Local Government Code, is
135	138		amended to read as follows:
136	139		Sec. 271.904. ENGINEERING, [OR] ARCHITECTURAL, OR LAND
137	140		SURVEYING SERVICES CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES
138	141		OF ENGINEER, [OR] ARCHITECT, OR LAND SURVEYOR. (a) A covenant or
139	142		promise in, in connection with, or collateral to a contract for
140	143		engineering, [or] architectural, or land surveying services to
141	144		which a governmental agency is a party is void and unenforceable if
142	145		the covenant or promise provides that a licensed engineer, [or]
143	146		registered architect, or land surveyor whose work product is the
144	147		subject of the contract must indemnify or hold harmless the
145	148		governmental agency against liability for damage, other than
146	149		liability for damage to the extent that the damage is caused by or
147	150		results from an act of negligence, intentional tort, intellectual
148	151		property infringement, or failure to pay a subcontractor or
149	152		supplier committed by the indemnitor or the indemnitor's agent,
150	153		consultant under contract, or another entity over which the
151	154		indemnitor exercises control.
152	155		(b) Except as provided by Subsection (c), a covenant or
153	156		promise in, in connection with, or collateral to a contract for
154	157		engineering, [or] architectural, or land surveying services to
155	158		which a governmental agency is a party is void and unenforceable if
156	159		the covenant or promise provides that a licensed engineer, [or]
157	160		registered architect, or land surveyor whose work product is the
158	161		subject of the contract must defend a party, including a third
159	162		party, against a claim based wholly or partly on the negligence of,
160	163		fault of, or breach of contract by the governmental agency, the
161	164		agency's agent, the agency's employee, or other entity, excluding
162	165		the engineer, [or] architect, or land surveyor or that person's
163	166		agent, employee, or subconsultant, over which the governmental
164	167		agency exercises control. A covenant or promise may provide for
165	168		the reimbursement of a governmental agency's reasonable attorney's
166	169		fees in proportion to the engineer's, [or] architect's, or land
167	170		surveyor's liability.
168	171		(c) Notwithstanding Subsection (b), a governmental agency
169	172		may require in a contract for engineering, [or] architectural, or
170	173		land surveying services to which the governmental agency is a party
171	174		that the engineer, [or] architect, or land surveyor name the
172	175		governmental agency as an additional insured under the engineer's,
173	176		[or] architect's, or land surveyor's general liability insurance
174	177		policy and provide any defense provided by the policy.
175	178		(d) A contract for engineering, [or] architectural, or land
176	179		surveying services to which a governmental agency is a party must
177	180		require a licensed engineer, [or] registered architect, or land
178	181		surveyor to perform services:
179	182		(1) with the professional skill and care ordinarily
180	183		provided by competent engineers, [or] architects, or land surveyors
181	184		practicing under the same or similar circumstances and professional
182	185		license; and
183	186		(2) as expeditiously as is prudent considering the
184	187		ordinary professional skill and care of a competent engineer, [or]
185	188		architect, or land surveyor.
186	189		(e) In a contract for engineering, [or] architectural, or
187	190		land surveying services to which a governmental agency is a party, a
188	191		provision establishing a different standard of care than a standard
189	192		described by Subsection (d) is void and unenforceable. If a
190	193		contract contains a void and unenforceable provision, the standard
191	194		of care described by Subsection (d) applies.
192	195		(f) In this section:
193	196		(1) "Governmental[, "governmental] agency" has the
194	197		meaning assigned by Section 271.003.
195	198		(2) "Land surveyor" means a registered professional
196	199		land surveyor or licensed state land surveyor as those terms are
197	200		defined by Section 1071.002, Occupations Code.
198	201		(g) Nothing in this section prohibits a governmental agency
199	202		in a contract for engineering, [or] architectural, or land
200	203		surveying services to which the governmental agency is a party from
201	204		including and enforcing conditions that relate to the scope, fees,
202	205		and schedule of a project in the contract.
203	206		SECTION 8. The change in law made by this Act applies only
204	207		to a contract or covenant or promise in, in connection with, or
205	208		collateral to a construction contract entered into on or after the
206	209		effective date of this Act. A contract or covenant or promise in,
207	210		in connection with, or collateral to a construction contract
208	211		entered into before the effective date of this Act is governed by
209	212		the law applicable to the contract or covenant or promise
210	213		immediately before the effective date of this Act, and that law is
211	214		continued in effect for that purpose.
212	215		SECTION 9. This Act takes effect September 1, 2025.
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