Bill Text: TX SB1215 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of a joint interim committee to study issues related to construction contracts.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB1215 Detail]
Download: Texas-2017-SB1215-Introduced.html
Bill Title: Relating to the creation of a joint interim committee to study issues related to construction contracts.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB1215 Detail]
Download: Texas-2017-SB1215-Introduced.html
By: Hughes | S.B. No. 1215 | |
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relating to responsibility for the consequences of defects in the | ||
plans, specifications, or other 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 DEFINITIONS. In this chapter: | ||
(1) "Contract" means a contract for the construction | ||
or repair of an improvement to real property. | ||
(2) "Contractor" means a person who is required to | ||
perform work under a contract. | ||
Sec. 59.002. CONTRACTOR NOT RESPONSIBLE FOR CERTAIN | ||
DEFECTS. A contractor is not 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 has entered | ||
into the contract; or | ||
(2) another person on behalf of the person with whom | ||
the contractor has entered into the contract. | ||
Sec. 59.003. WAIVER OF CHAPTER PROHIBITED. A person may not | ||
waive this chapter by any means. A purported waiver of this chapter | ||
is void. | ||
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) An original construction contract for the construction | ||
or repair of an improvement to real property with the owner of an | ||
interest in the real property 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 original | ||
construction 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 | ||
construction contract was entered into, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |