Bill Text: TX HB3156 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to liability of engineers and certain business entities performing construction monitoring and inspection services for the Texas Department of Transportation.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-11 - Effective on 9/1/23 [HB3156 Detail]
Download: Texas-2023-HB3156-Enrolled.html
H.B. No. 3156 |
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relating to liability of engineers and certain business entities | ||
performing construction monitoring and inspection services for the | ||
Texas Department of Transportation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 97, Civil Practice and Remedies Code, is | ||
amended by adding Section 97.003 to read as follows: | ||
Sec. 97.003. LIMIT ON LIABILITY OF CONSTRUCTION MONITORING | ||
AND INSPECTION SERVICES. (a) In this section: | ||
(1) "Business entity" means an entity registered under | ||
Section 1001.405, Occupations Code. | ||
(2) "Complied with the obligations under the contract" | ||
means: | ||
(A) performing the monitoring and inspection | ||
required by a contract; and | ||
(B) notifying the department, as required by the | ||
contract, of any unsafe condition or operation that the person | ||
becomes aware of in the normal course of providing the services | ||
under the contract. | ||
(3) "Department" means the Texas Department of | ||
Transportation. | ||
(4) "Engineer" has the meaning assigned by Section | ||
1001.002, Occupations Code. | ||
(b) This section applies to a business entity, an officer or | ||
employee of a business entity, or an engineer that provides | ||
services as a consultant or subconsultant of the department to | ||
monitor and inspect the progress of work on a transportation | ||
construction or maintenance project performed by a private | ||
contractor and report to the department regarding the contractor's | ||
compliance with the department's requirements for the project. | ||
(c) A person to whom this section applies is not liable to a | ||
claimant for personal injury, property damage, or death arising | ||
from an act or omission performed in the course and scope of the | ||
person's duties with respect to a project if: | ||
(1) the person does not have authority to direct the | ||
operations of the contractor or subcontractor to be monitored or | ||
inspected and otherwise had no control of any of the following: | ||
(A) the construction, means, methods, | ||
techniques, sequences, or procedures of the contractor or | ||
subcontractor; | ||
(B) the safety precautions or programs of the | ||
contractor or subcontractor; or | ||
(C) any other person who performs the work of the | ||
contractor or subcontractor to be monitored or inspected; and | ||
(2) the person performing the monitoring and | ||
inspecting substantially complied with the obligations under the | ||
contract with the department. | ||
(d) Subsection (c) does not apply to a cause of action for | ||
gross negligence or wilful or wanton conduct. | ||
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. | ||
SECTION 3. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3156 was passed by the House on April | ||
27, 2023, by the following vote: Yeas 122, Nays 24, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3156 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |