Bill Text: TX SB799 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to indemnification and duties of engineers and architects under certain governmental contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-14 - Left pending in committee [SB799 Detail]
Download: Texas-2015-SB799-Introduced.html
| 84R8082 SCL-D | ||
| By: Eltife | S.B. No. 799 | |
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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 271.904, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 271.904. ENGINEERING OR ARCHITECTURAL SERVICES | ||
| CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES OF ENGINEER OR | ||
| ARCHITECT. (a) A covenant or promise in, in connection with, or | ||
| collateral to a contract for engineering or architectural services | ||
| to which a governmental agency is a party is void and unenforceable | ||
| if the covenant or promise provides that a licensed engineer or | ||
| registered architect whose work product is the subject of the | ||
| contract must indemnify, hold harmless, or defend the governmental | ||
| agency against liability for damage, other than liability for | ||
| damage to the extent that the damage is caused by or results from an | ||
| act of negligence, intentional tort, intellectual property | ||
| infringement, or failure to pay a subcontractor or supplier | ||
| committed by the indemnitor or the indemnitor's agent, consultant | ||
| under contract, or another entity over which the indemnitor | ||
| exercises control. | ||
| (b) If a contract for engineering or architectural services | ||
| to which a governmental agency is a party contains an | ||
| indemnification covenant or promise authorized under Subsection | ||
| (a), the covenant or promise may not provide for a duty to defend | ||
| but may provide that the governmental agency may seek the | ||
| reimbursement of reasonable attorney's fees after a final | ||
| adjudication of liability due to an act described by Subsection | ||
| (a). | ||
| (c) 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 engineers or architects practicing in the same or | ||
| similar locality and under the same or similar circumstances; and | ||
| (2) as expeditiously as is prudent considering the | ||
| ordinary professional skill and care of an engineer or architect | ||
| and the orderly progress of the project. | ||
| (d) In a contract for engineering or architectural services | ||
| to which a governmental agency is a party, a provision establishing | ||
| a different standard of care than a standard described by | ||
| Subsection (c) is void and unenforceable. | ||
| (e) In this section, "governmental agency" has the meaning | ||
| assigned by Section 271.003. | ||
| SECTION 2. Section 271.904, Local 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 3. This Act takes effect September 1, 2015. | ||
