H.B. No. 3021

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3021 was passed by the House on May
	12, 2017, by the following vote:  Yeas 143, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3021 was passed by the Senate on May
	23, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor