Law Number

Tex. Civ. Prac. & Rem. Code 150.003

Summary Title

Liability: Architect or Engineer

Summary

When an emergency declaration is in effect, a professional architect or engineer who, upon request from a public official and without compensation, provides their services will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Liability for Services Rendered During Disaster

Full Text

(a) This section applies only to a licensed or registered professional who provides architectural or engineering services if the services: (1) are authorized, as appropriate for the professional, in: (A) Chapter 1001, Occupations Code; (B) Chapter 1051, Occupations Code; (C) 22 T.A.C. Part 6 (Texas Board of Professional Engineers), Chapter 137 (Compliance and Professionalism); and (D) 22 T.A.C. Part 1 (Texas Board of Architectural Examiners), Chapter 1 (Architects), Subchapter H (Professional Conduct); (2) subject to Subsection (d), are provided voluntarily and without compensation or the expectation of compensation; (3) are in response to and provided during the duration of a proclaimed state of emergency under Section 433.001, Government Code, or a declared state of disaster under Section 418.014, Government Code; (4) are provided at the request or with the approval of a federal, state, or local public official acting in an official capacity in response to the proclaimed state of emergency or declared disaster, including a law enforcement official, public safety official, or building inspection official; and (5) are related to a structure, building, roadway, piping, or other system, either publicly or privately owned. (b) A licensed or registered professional who provides the services to which this section applies is not liable for civil damages, including personal injury, wrongful death, property damage, or other loss related to the professional’s act, error, or omission in the performance of the services, unless the act, error, or omission constitutes: (1) gross negligence; or (2) wanton, wilful, or intentional misconduct. (c) This section does not apply to a licensed or registered professional who is at the scene of the emergency to solicit business or perform a service for compensation on behalf of the professional or a person for whom the professional is an agent. (d) The entitlement of a licensed or registered professional to receive compensation for services to which this section applies does not determine whether the services provided by the professional were provided voluntarily and without compensation or the expectation of compensation.

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