By: Phelan, Fallon, Simmons, Cain H.B. No. 3021
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 2254.0031, Government Code, is amended
  to read as follows:
         Sec. 2254.0031.  INDEMNIFICATION. (a) A state governmental
  entity may require a contractor selected under this subchapter to
  indemnify or hold harmless the state from claims and liabilities
  resulting from the negligent acts or omissions of the contractor or
  persons employed by the contractor. A state governmental entity
  may not require a contractor to indemnify, [or] hold harmless, or
  defend the state for claims or liabilities resulting from the
  negligent acts or omissions of the state governmental entity or its
  employees.
         (b)  Notwithstanding any other provision of law, Sections
  271.904(a)-(e) and (g), Local Government Code, apply to a contract
  for architectural or engineering services between an architect or
  engineer selected under this subchapter and a state agency as
  defined by Section 2052.101.
         SECTION 2.
    Section 271.904, Local Government Code, is
  amended by amending Subsection (d) and adding Subsection (g) to
  read as follows:
         (d)  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 competent engineers or architects practicing [in the
  same or similar locality and] 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.
         (g)  Nothing in this section prohibits a governmental agency
  in a contract for engineering or architectural 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 3.  Section 2254.0031, 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 4.  This Act takes effect September 1, 2017.