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A BILL TO BE ENTITLED
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AN ACT
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relating to indemnification and duties of engineers and architects |
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under certain governmental contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 271.904, Local Government Code, is |
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amended to read as follows: |
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Sec. 271.904. ENGINEERING OR ARCHITECTURAL SERVICES |
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CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES OF ENGINEER OR |
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ARCHITECT. (a) A covenant or promise in, in connection with, or |
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collateral to a contract for engineering or architectural services |
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to which a governmental agency is a party is void and unenforceable |
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if the covenant or promise provides that a licensed engineer or |
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registered architect whose work product is the subject of the |
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contract must indemnify, hold harmless, or defend the governmental |
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agency against liability for damage, other than liability for |
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damage to the extent that the damage is caused by or results from an |
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act of negligence, intentional tort, intellectual property |
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infringement, or failure to pay a subcontractor or supplier |
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committed by the indemnitor or the indemnitor's agent, consultant |
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under contract, or another entity over which the indemnitor |
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exercises control. |
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(b) If a contract for engineering or architectural services |
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to which a governmental agency is a party contains an |
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indemnification covenant or promise authorized under Subsection |
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(a), the covenant or promise may not provide for a duty to defend |
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but may provide that the governmental agency may seek the |
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reimbursement of reasonable attorney's fees after a final |
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adjudication of liability due to an act described by Subsection |
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(a). |
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(c) A contract for engineering or architectural services to |
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which a governmental agency is a party must require a licensed |
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engineer or registered architect to perform services: |
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(1) with the professional skill and care ordinarily |
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provided by engineers or architects practicing in the same or |
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similar locality and under the same or similar circumstances; and |
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(2) as expeditiously as is prudent considering the |
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ordinary professional skill and care of an engineer or architect |
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and the orderly progress of the project. |
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(d) In a contract for engineering or architectural services |
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to which a governmental agency is a party, a provision establishing |
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a different standard of care than a standard described by |
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Subsection (c) is void and unenforceable. |
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(e) In this section, "governmental agency" has the meaning |
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assigned by Section 271.003. |
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SECTION 2. Section 271.904, Local Government Code, as |
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amended by this Act, applies only to a contract for which a request |
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for proposals or a request for qualifications is first published or |
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distributed on or after the effective date of this Act. A contract |
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for which a request for proposals or a request for qualifications is |
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first published or distributed before the effective date of this |
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Act is governed by the law in effect on the date the request was |
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published or distributed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |