Texas Civil Justice League

NEWS

03/07/2007
House Committee Hears Anti-Indemnity Bill

The House Civil Practices Committee heard testimony on CSHB 1152 by Rep. Craig Eiland (D-Galveston), Wednesday, March 7, 2007. Dr. George S. Christian testified against the bill on behalf of the Texas Civil Justice League and its members.

CSHB 1152 bars property owners from protecting themselves against lawsuits. If enacted, these bills will: (1) Eliminate the ability of a property owner to require in a construction contract that a person performing construction-related work on the property defend the owner from a lawsuit based on the contractor’s conduct; (2) subject property owners to a substantial new risk of liability and dramatic increases in litigation costs; and (3) provide a disincentive for safety on a construction site by immunizing certain contractors for liability for their conduct.

CSHB1152 and its Senate companion, SB 346 by Sen. Robert Duncan (R-Lubbock), will also generate litigation where none now exists; interfere unjustly in a property owner’s right to contract; and create upward pressure on already high insurance premiums for property owners.

Both legislative proposals are opposed by the Texas Civil Justice League, Texas Association of Builder, Texas Association of Manufacturers, Texas Chemical Council, Texas Municipal League, and the Texas Oil and Gas Association.