Bill Text: TX HB3416 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to disclosures regarding indemnification obligations and insurance coverage in connection with provision of services pertaining to wells or mines by certain subcontractors.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3416 Detail]
Download: Texas-2021-HB3416-Comm_Sub.html
Bill Title: Relating to disclosures regarding indemnification obligations and insurance coverage in connection with provision of services pertaining to wells or mines by certain subcontractors.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3416 Detail]
Download: Texas-2021-HB3416-Comm_Sub.html
87R16679 JES-F | |||
By: Darby | H.B. No. 3416 | ||
Substitute the following for H.B. No. 3416: | |||
By: Geren | C.S.H.B. No. 3416 |
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relating to indemnity agreements between contractors and | ||
subcontractors for services pertaining to certain wells or mines. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 127, Civil Practice and Remedies Code, | ||
is amended by adding Section 127.0045 to read as follows: | ||
Sec. 127.0045. TRIPARTY RELATIONSHIP AGREEMENT. (a) In | ||
this section, "triparty relationship agreement" means any | ||
agreement pertaining to a well for oil, gas, or water or to a mine | ||
for a mineral that provides: | ||
(1) that a subcontractor may or will provide any part | ||
of a contractor's services required under a separate agreement with | ||
a third party; and | ||
(2) for a mutual or unilateral indemnity obligation | ||
between the contractor and third party. | ||
(b) Before entering into or renewing a triparty | ||
relationship agreement with a subcontractor or third party, a | ||
contractor shall provide written notice to: | ||
(1) the subcontractor that: | ||
(A) describes the subcontractor's | ||
indemnification obligations to the contractor and to the third | ||
party with respect to the services the subcontractor will provide | ||
under any related agreement between the contractor and | ||
subcontractor; | ||
(B) is provided as a separate document from the | ||
agreements with the subcontractor and third party; and | ||
(C) is written in plain English and in a manner | ||
that is clear, concise, and designed to enable the subcontractor to | ||
understand the subcontractor's contractual indemnity obligations | ||
in connection with any services performed by the subcontractor | ||
pursuant to the triparty relationship agreement; and | ||
(2) the third party that states: | ||
(A) whether the subcontractor possesses | ||
liability insurance coverage or qualified self-insurance in | ||
accordance with Section 127.005 for the subcontractor's indemnity | ||
obligations in connection with any services performed by the | ||
subcontractor pursuant to the triparty relationship agreement; and | ||
(B) the dollar limits of the subcontractor's | ||
insurance policy or qualified self-insurance, if any. | ||
(c) A contractor may satisfy the requirement to provide a | ||
third party written notice under Subsection (b)(2) by providing the | ||
third party a certificate of insurance. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an agreement entered into on or after the effective date of this | ||
Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |