Sec. 151.105. EXCLUSIONS. This subchapter does not affect:
(1) an insurance policy, including a policy issued under an owner-controlled or owner-sponsored consolidated insurance program or a contractor-controlled or contractor-sponsored consolidated insurance program, except as provided by Section 151.104;
(2) a cause of action for breach of contract or warranty that exists independently of an indemnity obligation, including an indemnity obligation in a construction contract under a construction project for which insurance is provided under a consolidated insurance program;
(3) indemnity provisions contained in loan and financing documents, other than construction contracts to which the contractor and owner's lender are parties as provided under Section 151.001(5);
(4) general agreements of indemnity required by sureties as a condition of execution of bonds for construction contracts;
(5) the benefits and protections under the workers' compensation laws of this state;
(6) the benefits or protections under the governmental immunity laws of this state;
(7) agreements subject to Chapter 127, Civil Practice and Remedies Code;
(8) a license agreement between a railroad company and a person that permits the person to enter the railroad company's property as an accommodation to the person for work under a construction contract that does not primarily benefit the railroad company;
(9) an indemnity provision pertaining to a claim based upon copyright infringement;
(10) an indemnity provision in a construction contract, or in an agreement collateral to or affecting a construction contract, pertaining to:
(A) a single family house, townhouse, duplex, or land development directly related thereto; or
(B) a public works project of a municipality; or
(11) a joint defense agreement entered into after a claim is made.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
Last modified: September 28, 2016