HB 3353

Injury Lawsuit Shield For Road Contractors Expands Past TxDOT

Did not pass

Verdict: Smells

SmellsInitial review

Rep. Mano DeAyalaRHouse 133

Why it's charged

Pitch: Speech and lawfare

ACTUALLY

…“is not liable to a claimant for”…

Bill text, House committee report version (H)

The bill extends a lawsuit shield to contractors who build, design or maintain roads and traffic or safety devices for any governmental unit, closing off injury and death claims against them when they materially followed the contract.

Pitch: Speech and lawfare

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the limitation of liability for certain transportation contractors.

Caption from analyzed text · version H.

Summary

The committee analysis says “public safety.” Road defect hurt you? A compliant contractor “is not liable.”

This bill widens an existing shield that protects certain road contractors from injury and death lawsuits. It now covers contractors working for any local or state government unit, not just the Texas Department of Transportation, and it adds design work and safety or traffic-management devices and systems. A person hurt, or the family of a person killed, because of a road or traffic-device defect cannot recover from the contractor if the contractor was in material compliance with the contract documents, for claims that arise on or after September 1, 2025.

Labels

Labels: STALLED AFTER COMMITTEE. Voted out of the House Judiciary & Civil Jurisprudence committee 6-5 on Apr 9, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB3353 · 2025-02-25

SOLD BY

Rep. Mano DeAyalaRHouse 133

Rep. Dennis PaulRHouse 129

ITEM

relating to the limitation of liability for certain transportation contractors.

WHAT IT DOES

The committee analysis says “public safety.” Road defect hurt you? A compliant contractor “is not liable.”

CHARGES

[x] PITCH: SPEECH AND LAWFARE

ACTUALLY

…“is not liable to a claimant for”…

Bill text, House committee report version (H)

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 10, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Feb 25, 2025Filed
Mar 21, 2025Read first time
Mar 21, 2025Referred to Judiciary & Civil Jurisprudence
Apr 2, 2025Scheduled for public hearing on . . .
Apr 2, 2025Considered in public hearing
Apr 2, 2025Committee substitute considered in committee
Apr 2, 2025Testimony taken/registration(s) recorded in committee
Apr 2, 2025Left pending in committee
Apr 9, 2025Considered in public hearing
Apr 9, 2025Committee substitute considered in committee
Apr 9, 2025Reported favorably as substituted
Apr 17, 2025Comte report filed with Committee Coordinator
Apr 17, 2025Committee report distributed
Apr 22, 2025Committee report sent to Calendars

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

…“is not liable to a claimant for”…

Bill text, House committee report version (H)

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Mano DeAyala

Donors

Texans for Lawsuit Reform PAC$866K Texas Conservative Majority PAC$306K Associated Republicans of Texas Campaign Fund$271K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 17, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$865,510.35

Texans for Lawsuit Reform PAC

$865,510.35

Cash: $50,000.00
Paid by others: $815,510.35
Total: $865,510.35

advertising $805,200.00polling $10,310.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 23, 2025 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009776, 101017937, 101062872, 101069959, 101072290.

Texas Conservative Majority PAC$305,800.00

Texas Conservative Majority PAC

$305,800.00

Cash: $75,000.00
Paid by others: $230,800.00
Total: $305,800.00

canvassing $175,000.00advertising $50,000.00polling $5,800.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Sep 8, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069959, 101072290.

Associated Republicans of Texas Campaign Fund$271,400.04

Associated Republicans of Texas Campaign Fund

$271,400.04

Cash: $0.00
Paid by others: $271,400.04
Total: $271,400.04

advertising $136,000.00mailers $70,417.04television $30,000.00polling $16,400.00Other filed descriptions $10,583.00digital $8,000.00

Also funds 20 other sitting lawmakers.

Derived recipient stock · Nov 4, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 25, 2025 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009776, 101069959, 101072290.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texans for Lawsuit Reform PAC

$865,510.35

Cash: $50,000.00
Paid by others: $815,510.35
Total: $865,510.35

advertising $805,200.00polling $10,310.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 23, 2025 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009776, 101017937, 101062872, 101069959, 101072290.

Texas Conservative Majority PAC

$305,800.00

Cash: $75,000.00
Paid by others: $230,800.00
Total: $305,800.00

canvassing $175,000.00advertising $50,000.00polling $5,800.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Sep 8, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069959, 101072290.

Associated Republicans of Texas Campaign Fund

$271,400.04

Cash: $0.00
Paid by others: $271,400.04
Total: $271,400.04

advertising $136,000.00mailers $70,417.04television $30,000.00polling $16,400.00Other filed descriptions $10,583.00digital $8,000.00

Also funds 20 other sitting lawmakers.

Derived recipient stock · Nov 4, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 25, 2025 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009776, 101069959, 101072290.

Votes

No floor vote loaded for this bill.

Witnesses4

For: 3
Against: 1
On: 0

Names

For

AGC of Texas1 registration
Texans for Lawsuit Reform1 registration
Texas Civil Justice League1 registration

Against

Self; Texas Trial Lawyers Assoc1 registration

Sources

4 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 10, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Feb 25, 2025

04/22/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Judiciary & Civil Jurisprudence · Committee vote 6 aye, 5 nay · Out of committee

Companion

SB 2823 by Bettencourt (identical)

Subjects

City Government--Roads

Civil Remedies & Liabilities

County Government--Roads

Highways

CONTRACTORS & SUBCONTRACTORS

Text

The text as introduced · 203 words

By: DeAyala
H.B. No. 3353

A BILL TO BE ENTITLED

AN ACT

relating to the limitation of liability for certain highway, road,

and street contractors and the presumption of sole causation by

legally impaired drivers in certain civil actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 97, Civil Practice and Remedies Code,

Section 97.002 is amended as follows:

Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD,

AND STREET CONTRACTORS. A contractor who designs, installs,

constructs , or repairs , or maintains a highway, road, or street , or

any devices or systems intended for public safety or traffic

management installed thereon, for the Texas Department of

Transportation any state, regional, county or local government

entity, or department thereof, is not liable to a claimant for

personal injury, property damage, or death arising from the

performance of the design, installation, construction , or repair ,

or maintenance if, at the time of the personal injury, property

damage, or death, the contractor is in material compliance with

contract documents material to the condition or defect that was the

proximate cause of the personal injury, property damage, or death.

SECTION 2. This Act takes effect September 1, 2025.