Bill Text: TX HB2049 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to indemnification and duties of engineers and architects under certain governmental contracts.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2049 Detail]
Download: Texas-2015-HB2049-Enrolled.html
H.B. No. 2049 |
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relating to indemnification and duties of engineers and architects | ||
under certain governmental contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 271.904, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 271.904. ENGINEERING OR ARCHITECTURAL SERVICES | ||
CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES OF ENGINEER OR | ||
ARCHITECT. (a) A covenant or promise in, in connection with, or | ||
collateral to a contract for engineering or architectural services | ||
to which a governmental agency is a party is void and unenforceable | ||
if the covenant or promise provides that a licensed engineer or | ||
registered architect whose work product is the subject of the | ||
contract must indemnify or[ |
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governmental agency against liability for damage, other than | ||
liability for damage to the extent that the damage is caused by or | ||
results from an act of negligence, intentional tort, intellectual | ||
property infringement, or failure to pay a subcontractor or | ||
supplier committed by the indemnitor or the indemnitor's agent, | ||
consultant under contract, or another entity over which the | ||
indemnitor exercises control. | ||
(b) Except as provided by Subsection (c), a covenant or | ||
promise in, in connection with, or collateral to a contract for | ||
engineering or architectural services to which a governmental | ||
agency is a party is void and unenforceable if the covenant or | ||
promise provides that a licensed engineer or registered architect | ||
whose work product is the subject of the contract must defend a | ||
party, including a third party, against a claim based wholly or | ||
partly on the negligence of, fault of, or breach of contract by the | ||
governmental agency, the agency's agent, the agency's employee, or | ||
other entity, excluding the engineer or architect or that person's | ||
agent, employee, or subconsultant, over which the governmental | ||
agency exercises control. A covenant or promise may provide for the | ||
reimbursement of a governmental agency's reasonable attorney's fees | ||
in proportion to the engineer's or architect's liability. | ||
(c) Notwithstanding Subsection (b), a governmental agency | ||
may require in a contract for engineering or architectural services | ||
to which the governmental agency is a party that the engineer or | ||
architect name the governmental agency as an additional insured | ||
under the engineer's or architect's general liability insurance | ||
policy and provide any defense provided by the policy. | ||
(d) A contract for engineering or architectural services to | ||
which a governmental agency is a party must require a licensed | ||
engineer or registered architect to perform services: | ||
(1) with the professional skill and care ordinarily | ||
provided by competent engineers or architects practicing in the | ||
same or similar locality and under the same or similar | ||
circumstances and professional license; and | ||
(2) as expeditiously as is prudent considering the | ||
ordinary professional skill and care of a competent engineer or | ||
architect. | ||
(e) In a contract for engineering or architectural services | ||
to which a governmental agency is a party, a provision establishing | ||
a different standard of care than a standard described by | ||
Subsection (d) is void and unenforceable. If a contract contains a | ||
void and unenforceable provision, the standard of care described by | ||
Subsection (d) applies. | ||
(f) In this section, "governmental agency" has the meaning | ||
assigned by Section 271.003. | ||
SECTION 2. Section 271.904, Local Government Code, as | ||
amended by this Act, applies only to a contract for which a request | ||
for proposals or a request for qualifications is first published or | ||
distributed on or after the effective date of this Act. A contract | ||
for which a request for proposals or a request for qualifications is | ||
first published or distributed before the effective date of this | ||
Act is governed by the law in effect on the date the request was | ||
published or distributed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2049 was passed by the House on May 4, | ||
2015, by the following vote: Yeas 131, Nays 7, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2049 on May 26, 2015, by the following vote: Yeas 143, Nays 1, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2049 was passed by the Senate, with | ||
amendments, on May 22, 2015, by the following vote: Yeas 26, Nays | ||
5. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |