Bill Text: TX HB2899 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 2899 (Prior Session Legislation)

Bill Title: Relating to civil liability and responsibility for defects in the plans, specifications, or other documents for the construction or repair of roads, highways, and related improvements.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-06-02 - Effective immediately [HB2899 Detail]

Download: Texas-2019-HB2899-Enrolled.html



	H.B. No. 2899




	AN ACT
	relating to civil liability and responsibility for defects in the
	plans, specifications, or other documents for the construction or
	repair of roads, highways, and related improvements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle Z, Title 6, Transportation Code, is
	amended by adding Chapter 473 to read as follows:
	CHAPTER 473. RESPONSIBILITY FOR DEFECTS IN PLANS AND
	SPECIFICATIONS
	Sec. 473.001. DEFINITIONS. In this chapter:
	(1) "Contract" means a contract for the construction
	or repair of a road or highway of any number of lanes, with or
	without grade separation, owned or operated by a governmental
	entity and any improvement, extension, or expansion to that road or
	highway, including:
	(A) an improvement to relieve traffic congestion
	and promote safety;
	(B) a bridge, tunnel, overpass, underpass,
	interchange, service road ramp, entrance plaza, approach, or
	tollhouse; and
	(C) a parking area or structure, rest stop, park,
	or other improvement or amenity the governmental entity considers
	necessary, useful, or beneficial for the operation of a road or
	highway.
	(2) "Contractor" means a person who is required to
	perform work under a contract.
	(3) "Governmental entity" means:
	(A) the Texas Department of Transportation; or
	(B) any political subdivision of the state that
	is acting under Chapter 284, 366, 370, or 431.
	(4) "Project specifications" means plans, reports,
	designs, or specifications prepared by a governmental entity or by
	a third party retained by a governmental entity under a separate
	contract.
	Sec. 473.002. APPLICABILITY. This chapter applies to a
	governmental entity authorized by state law to make a contract and
	to any contractor with whom a governmental entity enters into a
	contract.
	Sec. 473.003. LIMITATION ON CONTRACTOR'S RESPONSIBILITY
	FOR CERTAIN DEFECTS. (a) A contractor who enters into a contract
	with a governmental entity is not civilly liable or otherwise
	responsible for the accuracy, adequacy, sufficiency, suitability,
	or feasibility of any project specifications and is not liable for
	any damage to the extent caused by:
	(1) a defect in those project specifications; or
	(2) the errors, omissions, or negligent acts of a
	governmental entity, or of a third party retained by a governmental
	entity under a separate contract, in the rendition or conduct of
	professional duties arising out of or related to the project
	specifications.
	(b) A covenant or promise contained in a contract governed
	by this chapter is void and unenforceable to the extent that the
	covenant or promise conflicts with Subsection (a).
	(c) This section does not apply to a consultant retained in
	a separate contract by a governmental entity to expressly monitor
	the compliance with project specifications by another contractor
	with whom the governmental entity has entered into a contract.
	(d) This section does not relieve a contractor from the
	contractor's obligations or liability under a contract with a
	governmental entity.
	Sec. 473.004. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE. A
	governmental entity may not require that engineering or
	architectural services be performed to a level of professional
	skill and care beyond the level that would be provided by an
	ordinarily prudent engineer or architect with the same professional
	license and under the same or similar circumstances in a contract:
	(1) for engineering or architectural services; or
	(2) that contains engineering or architectural
	services as a component part.
	SECTION 2. (a) The changes in law made by this Act do not
	apply to a contract that is entered into before the effective date
	of this Act. Such a contract is governed by the law in effect when
	the contract was entered into, and the former law is continued in
	effect for that purpose.
	(b) A contract subject to Chapter 473, Transportation Code,
	as added by this Act, with a governmental entity that is entered
	into before the effective date of this Act, and any subcontract or
	purchase order for furnishing labor or materials associated with
	that contract, regardless of whether the subcontract or purchase
	order is entered into before, on, or after the effective date of
	this Act, is governed by the law in effect when the original
	contract was entered into, and the former law is continued in effect
	for that purpose.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2019.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 2899 was passed by the House on April
	30, 2019, by the following vote: Yeas 115, Nays 31, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 2899 was passed by the Senate on May
	15, 2019, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor