Bill Text: TX HB3087 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to responsibility for defects in the plans, specifications, or other documents for the construction or repair of highways, bridges, or real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-13 - Referred to Judiciary & Civil Jurisprudence [HB3087 Detail]
Download: Texas-2019-HB3087-Introduced.html
86R10654 BEE-F | ||
By: Raney | H.B. No. 3087 |
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relating to responsibility for defects in the plans, | ||
specifications, or other documents for the construction or repair | ||
of highways, bridges, or real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 472, Transportation Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. RESPONSIBILITY FOR DEFECTS IN PLANS AND | ||
SPECIFICATIONS | ||
Sec. 472.051. DEFINITIONS. In this subchapter: | ||
(1) "Contractor" means a person required to perform | ||
work under a contract. | ||
(2) "Governmental entity" means: | ||
(A) the department; | ||
(B) a regional tollway authority created under | ||
Chapter 366; | ||
(C) a regional mobility authority created under | ||
Chapter 370; or | ||
(D) a corporation organized under Chapter 431. | ||
Sec. 472.052. APPLICABILITY. (a) This subchapter applies | ||
only to a contract between a governmental entity and a contractor | ||
for: | ||
(1) the construction or repair of a highway: | ||
(A) owned or operated by the governmental entity; | ||
(B) of any number of lanes; and | ||
(C) with or without grade separations; and | ||
(2) any improvement, extension, or expansion of a | ||
highway described by Subdivision (1), 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 that the governmental entity | ||
determines is necessary, useful, or beneficial to the operation of | ||
the highway. | ||
(b) This subchapter applies to: | ||
(1) a governmental entity authorized by state law to | ||
enter into a contract to which this subchapter applies; and | ||
(2) a contractor who enters into a contract with a | ||
governmental entity described by Subdivision (1). | ||
Sec. 472.053. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN | ||
DEFECTS. Notwithstanding any other law, a contractor operating | ||
under a contract with a governmental entity to which this | ||
subchapter applies is not responsible for defects or the | ||
consequences of defects in the accuracy, adequacy, sufficiency, or | ||
suitability of plans, specifications, or other design or bid | ||
documents provided to the contractor by: | ||
(1) the governmental entity; or | ||
(2) a third party under a separate contract with the | ||
governmental entity. | ||
SECTION 2. (a) 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. | ||
(b) An original contract with a governmental entity that | ||
owns or operates a highway 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. |