Bill Text: TX HB2901 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to civil liability and responsibility for the consequences of defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB2901 Detail]
Download: Texas-2019-HB2901-Introduced.html
Bill Title: Relating to civil liability and responsibility for the consequences of defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB2901 Detail]
Download: Texas-2019-HB2901-Introduced.html
By: Leach | H.B. No. 2901 |
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relating to civil liability and responsibility for the consequences | ||
of 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. APPLICABILITY. This chapter applies only to a | ||
contract for the construction or repair of an improvement to real | ||
property. | ||
Sec. 59.002. DEFINITION. In this chapter, "contractor" | ||
means a person required to perform work under a contract. | ||
Sec. 59.003. LIMITATION ON CONTRACTOR'S LIABILITY AND | ||
RESPONSIBILITY FOR CERTAIN DEFECTS. A contractor is not civilly | ||
liable or otherwise responsible for the consequences of defects in | ||
and may not warranty the accuracy, adequacy, sufficiency, or | ||
suitability of plans, specifications, or other design or bid | ||
documents provided to the contractor by: | ||
(1) the person with whom the contractor entered into | ||
the contract; or | ||
(2) another person on behalf of the person with whom | ||
the contractor entered into the contract. | ||
Sec. 59.004. WAIVER OF CHAPTER. This chapter may not be | ||
waived by any means. A purported waiver of this chapter is void. | ||
SECTION 2. (a) The changes in law made by this Act apply | ||
only to a contract for the construction or repair of an improvement | ||
to real property 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. | ||
(b) An original contract for the construction or repair of | ||
an improvement to real property with the owner of an interest in | ||
real property that is entered into before the effective date of this | ||
Act, and a subcontract or purchase order for providing labor or | ||
materials associated with that original contract, 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 September 1, 2019. |