89th Legislature

HB 2203

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2203 amends Sections 130.001 and 130.002 of the Texas Civil Practice and Remedies Code to include "land surveyors" within the scope of professional service providers protected from certain indemnification clauses in construction contracts. Specifically, the bill renders void and unenforceable any contractual provision requiring a contractor to indemnify or hold harmless a registered land surveyor from liability arising from their own negligence or design defects.
Author
Ben Bumgarner
Fiscal Notes

According to the Legislative Budget Board's (LBB) fiscal note, the bill does not introduce any significant financial burden on the state government, as any costs associated with its implementation can be managed within existing resources.

Additionally, no notable fiscal impact is anticipated for local government entities. The bill primarily addresses contractual liability provisions related to land surveying services rather than imposing new regulatory or financial obligations on state or local agencies.

Vote Recommendation Notes

HB 2203 is a necessary and equitable expansion of previously enacted protections for professionals in the construction industry. SB 687 addresses unfair third-party liability clauses in construction contracts that currently impose undue financial risk on land surveyors. These clauses often require subcontractors, including land surveyors, architects, and engineers, to be held liable for negligence they did not commit, an issue that was partially resolved by the passage of HB 2116 in the 87th Legislature for architects and engineers. HB 2203 simply extends the same protections to land surveyors, ensuring that they are only responsible for their own professional work and negligence.

From a policy standpoint, this measure promotes fair contractual practices and free enterprise by preventing businesses from shifting liability inappropriately. It also upholds individual responsibility, as professionals remain accountable for their own work but are not burdened with uninsurable risks from third-party actions. Given that this bill aligns with principles of fairness, personal responsibility, and limited government intervention, Texas Policy Research recommends lawmakers vote YES on HB 2203.

Related Legislation
View Bill Text and Status