Bill Text: TX HB3021 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to indemnification and duties of engineers and architects under certain governmental contracts.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3021 Detail]
Download: Texas-2017-HB3021-Enrolled.html
H.B. No. 3021 |
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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 2254.0031, Government Code, is amended | ||
to read as follows: | ||
Sec. 2254.0031. INDEMNIFICATION. (a) A state governmental | ||
entity may require a contractor selected under this subchapter to | ||
indemnify or hold harmless the state from claims and liabilities | ||
resulting from the negligent acts or omissions of the contractor or | ||
persons employed by the contractor. A state governmental entity | ||
may not require a contractor to indemnify, [ |
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defend the state for claims or liabilities resulting from the | ||
negligent acts or omissions of the state governmental entity or its | ||
employees. | ||
(b) Notwithstanding any other provision of law, Sections | ||
271.904(a)-(e) and (g), Local Government Code, apply to a contract | ||
for architectural or engineering services between an architect or | ||
engineer selected under this subchapter and a state agency as | ||
defined by Section 2052.101. | ||
SECTION 2. Section 271.904, Local Government Code, is | ||
amended by amending Subsection (d) and adding Subsection (g) to | ||
read as follows: | ||
(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 [ |
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circumstances and professional license; and | ||
(2) as expeditiously as is prudent considering the | ||
ordinary professional skill and care of a competent engineer or | ||
architect. | ||
(g) Nothing in this section prohibits a governmental agency | ||
in a contract for engineering or architectural services to which | ||
the governmental agency is a party from including and enforcing | ||
conditions that relate to the scope, fees, and schedule of a project | ||
in the contract. | ||
SECTION 3. Section 2254.0031, 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 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3021 was passed by the House on May | ||
12, 2017, by the following vote: Yeas 143, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3021 was passed by the Senate on May | ||
23, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |