H.B. No. 2203 amends the Civil Practice and Remedies Code to clarify liability provisions related to land surveying services in construction contracts. The bill introduces new definitions, including "land surveyor," and expands the scope of professionals covered under indemnification clauses to include registered land surveyors alongside architects and engineers. It specifies that any covenant requiring a contractor to indemnify these professionals for damages resulting from their negligence or defects in their work is void and unenforceable. Additionally, the bill allows for the reimbursement of reasonable attorney's fees for land surveyors, architects, or engineers in proportion to their liability.
The legislation also establishes that construction contracts must require that architectural, engineering, or land surveying services be performed with the professional skill and care typically provided by competent professionals in similar circumstances. It further stipulates that any provision establishing a different standard of care is void. The bill applies to contracts entered into on or after its effective date of September 1, 2025, ensuring that existing contracts are governed by the law in effect prior to this amendment.
Statutes affected: Introduced: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)
House Committee Report: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)