Monitoring the Session

SB 2823

Liability protection expanded for road contractors

Died in committee

Verdict: No flags

No flagsReviewed
Sen. Paul BettencourtRSenate 7

Editor's call: No flags. On Nov 1, 2026 the editor checked this charge against the bill's caption and removed it.

Corrected Nov 1, 2026

Corrected Nov 1, 2026 · We checked this summary against the bill text and fixed it.

Reviewed · Nov 1, 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 highway, road, and street contractors and the presumption of sole causation by legally impaired drivers in certain civil actions.

Caption from analyzed text · version I.

Summary

Coverage extends to maintenance and traffic devices when contractors materially comply with contracts.

The bill widens an existing Texas law that shields road contractors from injury and damage lawsuits. It now covers contractors who maintain roads or install safety and traffic devices, and contractors working for any state, regional, county or local government, not just the state transportation department. Hurt drivers and families lose the right to sue those contractors when the contractor was in material compliance with its contract, but nothing in the text creates the promised presumption that an impaired driver was the sole cause of a crash.

Labels

Labels: NEVER GOT A HEARING. Filed Mar 14, 2025 and referred to the Senate State Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB2823 · 2025-03-14

SOLD BY

ITEM

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.

WHAT IT DOES

Coverage extends to maintenance and traffic devices when contractors materially comply with contracts.

The bill widens an existing Texas law that shields road contractors from injury and damage lawsuits. It now covers contractors who maintain roads or install safety and traffic devices, and contractors working for any state, regional, county or local government, not just the state transportation department. Hurt drivers and families lose the right to sue those contractors when the contractor was in material compliance with its contract, but nothing in the text creates the promised presumption that an impaired driver was the sole cause of a crash.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to State Affairs
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

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

Bill text, introduced version (I)

The bill extends a lawsuit shield for personal injury, property damage and death to contractors working for any level of government and to maintenance and traffic-device work.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Donors report through Friends of Paul Bettencourt.

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 · Oct 27, 2024 to Jun 30, 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.

Money

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

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 21, 2026, against the published rubric.

Sources

Texas Senate · Filed Mar 14, 2025

04/07/2025 S Referred to State Affairs

Texas Legislature Online · Introduced

Data snapshot Nov 1, 2026 at 10:30 AM CST. Grades, charges, quotes and corrections follow the published record.

Senate committee · State Affairs · Final status: Died in committee

Companion

HB 3353 by DeAyala (identical)

Subjects

City Government--Roads

Civil Remedies & Liabilities

County Government--Roads

Highways

CONTRACTORS & SUBCONTRACTORS

Text

The text as introduced · 203 words

By: Bettencourt
S.B. No. 2823

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.