Bill Text: TX HB2170 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to responsibility for defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2017-03-21 - Referred to Ways & Means [HB2170 Detail]
Download: Texas-2017-HB2170-Introduced.html
| 85R7798 GRM-F | ||
| By: Kacal | H.B. No. 2170 | |
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| relating to responsibility for defects in the plans, | ||
| specifications, or related documents for the construction or repair | ||
| of an improvement to real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Business & Commerce Code, is amended by | ||
| adding Chapter 59 to read as follows: | ||
| CHAPTER 59. RESPONSIBILITY FOR DEFECTS IN PLANS AND SPECIFICATIONS | ||
| Sec. 59.001. DEFINITION. In this chapter, "design | ||
| professional" means a person registered as an architect under | ||
| Chapter 1051, Occupations Code, or licensed as an engineer under | ||
| Chapter 1001, Occupations Code. | ||
| Sec. 59.002. IMPLIED GUARANTY AND WARRANTY BY PROVIDER OF | ||
| PLANS AND SPECIFICATIONS. A person, other than a design | ||
| professional acting in the scope of the person's profession, who | ||
| provides plans, specifications, or related documents to another | ||
| person for a contract for the construction or repair of an | ||
| improvement to real property, impliedly guarantees and warranties | ||
| the adequacy, accuracy, sufficiency, and suitability of the plans, | ||
| specifications, or related documents provided to the other person. | ||
| Sec. 59.003. WAIVER OF CHAPTER PROHIBITED. A person may not | ||
| waive this chapter by contract or other means. A purported waiver | ||
| of this chapter is void. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a contract entered into on or after the effective date of this Act. | ||
| A contract entered into before the effective date of this Act is | ||
| governed by the law in effect when the contract was entered into, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
