SIGNIFICANT COMMITTEE ACTIONS

S.B. 122 (Ellis), relating to photograph and live lineup identification procedures in criminal cases.   Reported from the Senate Jurisprudence Committee.

S.B. 173 (West), relating to civil remedy of violations of certain municipal health and safety ordinances.  Reported from the Senate Intergovernmental Relations Committee.

S.B. 244 (Patrick), relating to the continuing education requirements for certain peace officers.  Reported from the Senate Criminal Justice Committee.

S.B. 316 (Whitmire), relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition.  Reported from the Senate Criminal Justice Committee.

S.B. 328 (Carona), relating to notice of a hospital lien.  Reported from the Senate State Affairs Committee.  As reported, the bill would: (1) require an emergency medical services provider (EMS) to provide written notice to an injured individual of a lien by: (a) not later than the fifth business date that EMS receives notice that a lien has been recorded in the county records, sending written notice to the injured individual or his or her legal representative, by regular mail, informing the individual of the lien and its consequences; or (b) providing written notice at the time of the services that includes information of the billing in 14-point, bolded type on authorization form and the signature of the individual unless consent for emergency care of the individual is not required; and (2) provide that the failure to send the written notice does not affect the validity of the lien.

S.B. 360 (Fraser), relating to the composition and use of money in the rural water assistance fund.  Reported from the Senate Natural Resources Committee.

S.B. 361 (Duncan), relating to indemnification provisions in construction contracts.  Reported from the Senate State Affairs Committee.  As reported from committee, the bill would essentially eliminate “broad form” indemnification in construction contracts by, among other things, providing: (1) that a provision in a construction contract, or in an agreement collateral to or affecting a construction contract, is void and unenforceable as against public policy to the extent that it requires an indemnitor to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim caused by the negligence or fault, the breach or violation of a statute, ordinance, governmental regulation, standard, or rule, or the breach of contract of the indemnitee, its agent or employee, or any third party under the control or supervision of the indemnitee, other than the indemnitor or its agent, employee, or subcontractor of any tier; (2) for an exception to (1), above, for a provision in a construction contract that requires a person to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim for the bodily injury or death of an employee of the indemnitor, its agent, or its subcontractor of any tier; (3) that provision in a construction contract that requires the purchase of additional insured coverage, or any coverage endorsement or provision within an insurance policy providing additional insured coverage, is void and unenforceable to the extent that it requires or provides coverage the scope of which is prohibited for an agreement to indemnify, hold harmless, or defend; (4) for certain exclusions from (1), above; and (5) that the provisions of the bill may not be waived by contract or otherwise.

S.B. 396 (Deuell), Relating to the state fire marshal’s investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident.  Reported from the Senate Intergovernmental Relations Committee.


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