Texas § 2269.363 ASSUMPTION OF RISKS.

Texas Statutes

§ 2269.363 — ASSUMPTION OF RISKS.

Texas § 2269.363

Code GVGovernment Code

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Bluebook

Tex. Government Code Code Ann. § 2269.363 (2026).

Text

Sec. 2269.363. ASSUMPTION OF RISKS. The governmental entity shall assume:

(1)all risks and costs associated with:

(A)scope changes and modifications, as requested by the governmental entity;

(B)unknown or differing site conditions unless otherwise provided by the governmental entity in the request for proposals and final contract;

(C)regulatory permitting, if the governmental entity is responsible for those risks and costs by law or contract; and

(D)natural disasters and other force majeure events unless otherwise provided by the governmental entity in the request for proposals and final contract; and

(2)all costs associated with property acquisition, excluding costs associated with acquiring a temporary easement or work area associated with staging or construction for the project.

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Sec. 2269.363. ASSUMPTION OF RISKS. The governmental entity shall assume:
(1) all risks and costs associated with:
(A) scope changes and modifications, as requested by the governmental entity;
(B) unknown or differing site conditions unless otherwise provided by the governmental entity in the request for proposals and final contract;
(C) regulatory permitting, if the governmental entity is responsible for those risks and costs by law or contract; and
(D) natural disasters and other force majeure events unless otherwise provided by the governmental entity in the request for proposals and final contract; and
(2) all costs associated with property acquisition, excluding costs associated with acquiring a temporary easement or work area associated with staging or construction for the project.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628 ), Sec. 2.08, eff. September 1, 2011. Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 22.001(23), eff. September 1, 2013.