HBA-MSH H.B. 2034 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2034 By: Bosse Civil Practices 4/10/2001 Introduced BACKGROUND AND PURPOSE Currently, Texas law provides that a contractor cannot be required to indemnify an engineer or architect from certain liability arising from the negligence of the engineer or architect. Engineers and architects, however, are often faced with contractual provisions that require the engineer or architect to indemnify an owner against liability arising from the owner's negligence. These provisions are uninsurable under the coverages typically carried by architects and engineers. House Bill 2034 provides that these provisions are void and unenforceable to the extent that an engineer or architect is required to indemnify an owner against the owner's negligence. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2034 amends the Civil Practice and Remedies and Local Government codes to modify the definition of a "construction contract" to include contracts or agreements made and entered into by a registered architect or registered engineer. The bill provides that a covenant or promise 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 registered engineer whose work product is 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 of an owner's agent or employee and arises from personal injury or death, property injury or any other expense that arises from personal injury, death, or property injury. EFFECTIVE DATE September 1, 2001.