Relating to the limitation of liability for certain transportation contractors.

89(R) HB 3353 - House Committee Report version - Bill Text

89R18221 MZM-F

By: DeAyala

H.B. No. 3353

Substitute the following for H.B. No. 3353:

By: Schofield

C.S.H.B. No. 3353

A BILL TO BE ENTITLED

AN ACT

relating to the limitation of liability for certain transportation

contractors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 97.002, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD,

AND STREET CONTRACTORS.
(a)

In this section, "governmental unit"

has the meaning assigned by Section 101.001.

(b)
A contractor who
designs, installs,
constructs
,

maintains,
or repairs a highway, road, or street
or any device or

system intended for public safety or traffic management installed

on a highway, road, or street
for
a governmental unit
[
the Texas

Department of Transportation
] is not liable to a claimant for

personal injury, property damage, or death arising from the

performance of the
design, installation,
construction
,

maintenance,
or repair if, at the time of the personal injury,

property damage, or death, the contractor is in
material
compliance

with contract documents material to the condition or defect that

was the proximate cause of the personal injury, property damage, or

death.

SECTION 2. The change in law made by this Act applies only

to a cause of action that accrues on or after the effective date of

this Act. A cause of action that accrues before the effective date

of this Act is governed by the law as it existed immediately before

the effective date of this Act, and that law is continued in effect

for that purpose.

SECTION 3. This Act takes effect September 1, 2025.