04/23/2007
SB 346 and HB 2262 significantly erode the rights of private property owners, whether business or residential, to protect their property and persons working on their property from harm.
- SB 346/HB 2262 don’t just affect “big business.” These bills eliminate private property rights of homeowners, farmers and ranchers, small businesses, school districts and other local governments, and any other property owner.
- SB 346/HB 2262 will subject property owners to a substantial new risk of liability, dramatically increase litigation costs, and cause higher insurance premiums.
- SB 346/HB 2262 protect certain contractors from liability in third party lawsuits even if they substantially caused the harm. These bills do not assure that everyone pays their “fair share;” they shift responsibility to property owners.
- A property owner who pays for insurance coverage should be entitled to that coverage. SB 346/HB 2262 eliminates this coverage. If these bills pass, property owners will be paying for insurance (through contract rates) they don’t receive.
- Property owners do not control the work of independent contractors on their property. Insuring that work is the purpose of additional insurance coverage. SB 346/HB 2262 eliminates that insurance and subjects property owners to liability for work they do not control.
SB 346 and HB 2262 are bad public policy and should be rejected.
The following organizations OPPOSE SB 346 and HB 2262:
- Texas Civil Justice League
- Texas Association of Manufacturers
- Texas Oil and Gas Association
- Texas Municipal League
- Texas Chemical Council
- Association of Electric Companies of Texas
- Texas Association of Business
- Associated General Contractors—Texas Building Branch
- Texas Apartment Association
- Texas Association of School Boards
- Texas Railroad Association
- Texas Forest Industries Council
- Texas Cable and Telecommunications Association