Office of the Governor Rick Perry

Gov. Perry Vetoes SB 2141

Friday, June 19, 2009  •  Veto Statement

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 2141 of the 81st Texas Legislature, Regular Session, due to the following objections:

Senate Bill No. 2141 clarifies the statute of repose that holds that lawsuits against engineers and architects must be filed within 10 years of substantial completion of a project. However, this bill would prohibit engineers and architects from being designated responsible third parties in litigation if the statute of repose has lapsed. Current law allows all potential responsible third parties to be designated as such, and juries are required to apportion fault among all potential parties at fault, including designated responsible third parties. This bill would distort the method of apportioning fault by not allowing potentially responsible architects and engineers to be included in the charge submitted to the jury, potentially allowing other defendants to be held accountable for faults that were not their own.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 19th day of June, 2009.

RICK PERRY
Governor of Texas

ATTESTED BY:
COBY SHORTER, III

Deputy Secretary of State

For a detailed view of this bill, visit http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB2141.

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