89R1463 MZM-F     By: Hughes S.B. No. 687       A BILL TO BE ENTITLED   AN ACT   relating to liability for land surveying services in or in   connection with certain construction or services contracts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 130.001, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 130.001.  DEFINITIONS [DEFINITION]. In this chapter:                (1)  "Construction ["construction] contract" means a   contract or agreement made and entered into by an owner,   contractor, subcontractor, registered architect, licensed   engineer, land surveyor, or supplier concerning the design,   construction, alteration, repair, or maintenance of a building,   structure, appurtenance, road, highway, bridge, dam, levee, or   other improvement to or on real property, including moving,   demolition, and excavation connected with the real property.                (2)  "Land surveyor" means a registered professional   land surveyor or licensed state land surveyor as those terms are   defined by Section 1071.002, Occupations Code.          SECTION 2.  Sections 130.002(a), (b), (c), (d), and (f),   Civil Practice and Remedies Code, are amended to read as follows:          (a)  A covenant or promise in, in connection with, or   collateral to a construction contract is void and unenforceable if   the covenant or promise provides for a contractor who is to perform   the work that is the subject of the construction contract to   indemnify or hold harmless a registered architect, licensed   engineer, or land surveyor, or an agent, servant, or employee of a   registered architect, [or] licensed engineer, or land surveyor from   liability for damage that:                (1)  is caused by or results from:                      (A)  defects in plans, designs, or specifications   prepared, approved, or used by the architect, [or] engineer, or   land surveyor; or                      (B)  negligence of the architect, [or] engineer,   or land surveyor in the rendition or conduct of professional duties   called for or arising out of the construction contract and the   plans, designs, or specifications that are a part of the   construction contract; and                (2)  arises from:                      (A)  personal injury or death;                      (B)  property injury; or                      (C)  any other expense that arises from personal   injury, death, or property injury.          (b)  A covenant or promise in, in connection with, or   collateral to a construction contract other than a contract for a   single family or multifamily residence is void and unenforceable if   the covenant or promise provides for a registered architect, [or]   licensed engineer, or land surveyor whose engineering, [or]   architectural, or land surveying design services are the subject of   the construction contract to indemnify or hold harmless an owner or   owner's agent or employee from liability for damage that is caused   by or results from the negligence of an owner or an owner's agent or   employee.          (c)  Except as provided by Subsection (d), (e), or (f), a   covenant or promise in, in connection with, or collateral to a   construction contract for engineering, [or] architectural, or land   surveying services related to an improvement to real property is   void and unenforceable to the extent the covenant or promise   provides that a licensed engineer, [or] registered architect, or   land surveyor must defend a party, including a third party, against   a claim based wholly or partly on the negligence of, fault of, or   breach of contract by the owner, the owner's agent, the owner's   employee, or another entity over which the owner exercises   control.  A covenant or promise in, in connection with, or   collateral to a contract for engineering, [or] architectural, or   land surveying services related to an improvement to real property   may provide for the reimbursement of an owner's reasonable   attorney's fees in proportion to the engineer's, [or] architect's,   or land surveyor's liability.          (d)  Notwithstanding Subsection (c), an owner that is a party   to a contract for engineering, [or] architectural, or land   surveying services related to an improvement to real property may   require in the contract that the engineer, [or] architect, or land   surveyor name the owner as an additional insured under any of the   engineer's, [or] architect's, or land surveyor's insurance coverage   to the extent additional insureds are allowed under the policy and   provide any defense to the owner provided by the policy to a named   insured.          (f)  Subsection (c) does not apply to a covenant to defend a   party, including a third party, for a claim of negligent hiring of   the architect, [or] engineer, or land surveyor.          SECTION 3.  The heading to Section 130.0021, Civil Practice   and Remedies Code, is amended to read as follows:          Sec. 130.0021.  ARCHITECT'S, [OR] ENGINEER'S, OR LAND   SURVEYOR'S STANDARD OF CARE.           SECTION 4.  Sections 130.0021(a) and (b), Civil Practice and   Remedies Code, are amended to read as follows:          (a)  A construction contract for architectural, [or]   engineering, or land surveying services or a contract related to   the construction or repair of an improvement to real property that   contains architectural, [or] engineering, or land surveying   services as a component part must require that the architectural,   [or] engineering, or land surveying services be performed with the   professional skill and care ordinarily provided by competent   architects, [or] engineers, or land surveyors practicing under the   same or similar circumstances and professional license.          (b)  If a contract described by Subsection (a) contains a   provision establishing a different standard of care than the   standard described by Subsection (a):                (1)  the provision is void and unenforceable; and                (2)  the standard of care described by Subsection (a)   applies to the performance of the architectural, [or] engineering,   or land surveying services.          SECTION 5.  Section 130.004(b), Civil Practice and Remedies   Code, is amended to read as follows:          (b)  Except as provided by Section 130.002(b) or (c) or   Section 130.0021, this chapter does not prohibit or make void or   unenforceable a covenant or promise to:                (1)  indemnify or hold harmless an owner of an interest   in real property and persons employed solely by that owner; or                (2)  allocate, release, liquidate, limit, or exclude   liability in connection with a construction contract between an   owner or other person for whom a construction contract is being   performed and a registered architect, [or] licensed engineer, or   land surveyor.          SECTION 6.  Section 130.005, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 130.005.  APPLICATION OF CHAPTER.  This chapter does   not apply to a contract or agreement in which an architect, [or]   engineer, or land surveyor, or an agent, servant, or employee of an   architect, [or] engineer, or land surveyor is indemnified from   liability for:                (1)  negligent acts other than those described by this   chapter; or                (2)  negligent acts of the contractor, any   subcontractor, any person directly or indirectly employed by the   contractor or a subcontractor, or any person for whose acts the   contractor or a subcontractor may be liable.          SECTION 7.  Section 271.904, Local Government Code, is   amended to read as follows:          Sec. 271.904.  ENGINEERING, [OR] ARCHITECTURAL, OR LAND   SURVEYING SERVICES CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES   OF ENGINEER, [OR] ARCHITECT, OR LAND SURVEYOR.  (a)  A covenant or   promise in, in connection with, or collateral to a contract for   engineering, [or] architectural, or land surveying 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, or land surveyor whose work product is the   subject of the contract must indemnify or hold harmless 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)  Except as provided by Subsection (c), a covenant or   promise in, in connection with, or collateral to a contract for   engineering, [or] architectural, or land surveying 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, or land surveyor whose work product is the   subject of the contract must defend a party, including a third   party, against a claim based wholly or partly on the negligence of,   fault of, or breach of contract by the governmental agency, the   agency's agent, the agency's employee, or other entity, excluding   the engineer, [or] architect, or land surveyor or that person's   agent, employee, or subconsultant, over which the governmental   agency exercises control.  A covenant or promise may provide for   the reimbursement of a governmental agency's reasonable attorney's   fees in proportion to the engineer's, [or] architect's, or land   surveyor's liability.          (c)  Notwithstanding Subsection (b), a governmental agency   may require in a contract for engineering, [or] architectural, or   land surveying services to which the governmental agency is a party   that the engineer, [or] architect, or land surveyor name the   governmental agency as an additional insured under the engineer's,   [or] architect's, or land surveyor's general liability insurance   policy and provide any defense provided by the policy.          (d)  A contract for engineering, [or] architectural, or land   surveying services to which a governmental agency is a party must   require a licensed engineer, [or] registered architect, or land   surveyor to perform services:                (1)  with the professional skill and care ordinarily   provided by competent engineers, [or] architects, or land surveyors   practicing under the same or similar circumstances and professional   license; and                (2)  as expeditiously as is prudent considering the   ordinary professional skill and care of a competent engineer, [or]   architect, or land surveyor.          (e)  In a contract for engineering, [or] architectural, or   land surveying services to which a governmental agency is a party, a   provision establishing a different standard of care than a standard   described by Subsection (d) is void and unenforceable.  If a   contract contains a void and unenforceable provision, the standard   of care described by Subsection (d) applies.          (f)  In this section:                (1)  "Governmental [, "governmental] agency" has the   meaning assigned by Section 271.003.                (2)  "Land surveyor" means a registered professional   land surveyor or licensed state land surveyor as those terms are   defined by Section 1071.002, Occupations Code.          (g)  Nothing in this section prohibits a governmental agency   in a contract for engineering, [or] architectural, or land   surveying services to which the governmental agency is a party from   including and enforcing conditions that relate to the scope, fees,   and schedule of a project in the contract.          SECTION 8.  The change in law made by this Act applies only   to a contract or covenant or promise in, in connection with, or   collateral to a construction contract entered into on or after the   effective date of this Act.  A contract or covenant or promise in,   in connection with, or collateral to a construction contract   entered into before the effective date of this Act is governed by   the law applicable to the contract or covenant or promise   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.