Bill Text: TX HB2116 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain agreements by architects and engineers in or in connection with certain construction contracts.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB2116 Detail]

Download: Texas-2021-HB2116-Introduced.html
  87R1347 AJA-F
 
  By: Krause H.B. No. 2116
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain agreements by architects and engineers in or in
  connection with certain construction contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 130, Civil Practice and
  Remedies Code, is amended to read as follows:
  CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN
  CONSTRUCTION CONTRACTS
         SECTION 2.  Section 130.002, Civil Practice and Remedies
  Code, is amended by adding Subsections (c), (d), and (e) to read as
  follows:
         (c)  Except as provided by Subsection (d) or (e), a covenant
  or promise in, in connection with, or collateral to a contract for
  engineering or architectural services related to an improvement to
  real property is void and unenforceable if the covenant or promise
  provides that a licensed engineer or registered architect must
  defend a party, including a third party. A covenant or promise in,
  in connection with, or collateral to a contract for engineering or
  architectural services related to an improvement to real property
  may provide for the reimbursement of an owner's reasonable
  attorney's fees in proportion to the engineer's or architect's
  liability.
         (d)  Notwithstanding Subsection (c), an owner that is a party
  to a contract for engineering or architectural services related to
  an improvement to real property may require in the contract that the
  engineer or architect name the owner as an additional insured under
  the engineer's or architect's commercial general liability
  insurance policy and provide any defense to the owner provided by
  the policy to a named insured.
         (e)  Subsection (c) does not apply to a contract for
  design-build services in which an owner contracts with a single
  entity to provide both design and construction services.
         SECTION 3.  Chapter 130, Civil Practice and Remedies Code,
  is amended by adding Section 130.0021 to read as follows:
         Sec. 130.0021.  ENGINEER'S OR ARCHITECT'S STANDARD OF CARE.  
  A contract for engineering or architectural services related to an
  improvement to real property may not require a licensed engineer or
  registered architect to perform professional services to a level of
  professional skill and care beyond that which would be provided by
  an ordinarily prudent engineer or architect with the same
  professional license under the same or similar circumstances.
         SECTION 4.  (a)  Section 130.002(c), Civil Practice and
  Remedies Code, as added by this Act, applies only to a covenant or
  promise in, in connection with, or collateral to a contract entered
  into on or after the effective date of this Act.
         (b)  Sections 130.002(d) and 130.0021, Civil Practice and
  Remedies Code, as added by this Act, apply only to a contract
  entered into on or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2021.
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