Bill Caption

Relating to civil liability and responsibility for defects in the plans, specifications, or other documents for the construction or repair of roads, highways, and related improvements.

Fiscal Notes

The Legislative Budget Board does not expect any significant fiscal impact to the state. 

Bill Analysis

HB 2899 would make a contractor who enters into a contract with a governmental entity for road or highway construction or repair immune from civil liability for the accuracy, adequacy, sufficiency, suitability, or feasibility of project specifications prepared by the government entity, and would not be liable for any damage that is caused by a defect in those specifications.

Contractors would also not be liable for errors, omissions, or negligent acts of a governmental entity, or of a third party retained by a governmental entity under separate contract, in the rendition or conduct of professional duties arising out of or related to the project specifications. Any covenant in a contract governed by this chapter is void and unenforceable to the extent it conflicts with the above. 

Vote Recommendation Notes

Texas Action supports HB 2899 because it advances the principle of personal responsibility. The language in the bill specifically states that a contractor who enters into a contract with a governmental entity is "not civilly liable or otherwise responsible for the accuracy, adequacy, sufficiency, suitability, or feasibility of project specifications and is not liable for any damage caused by those project specifications."

The bill defines project specifications as plans, reports, or designs prepared by the government entity or a third party. This makes contractors civilly immune from defects arising from plans that they themselves did not prepare. A contractor should not be liable for another party's faulty work, thus we support this bill prevents responsibility from being shifted to the wrong party.