SB687

Regular Session

Relating to liability for land surveying services in or in connection with certain construction or services contracts.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025
*Note:* The law is prospective. Contracts entered into *before* this date remain valid under prior law. All agreements signed on or after this date must comply.
Agency Rulemaking: None. This is a statutory change to the Civil Practice and Remedies Code and Local Government Code; it is self-executing and enforced by the courts, not a regulatory agency.

Immediate Action Plan

1. Redline Templates: Instruct counsel to strip "Duty to Defend" and elevated "Standard of Care" clauses from all surveyor MSAs immediately.
2. Update Insurance Requirements: Revise vendor checklists to ensure "Additional Insured" status is mandatory and verified for all surveyors.
3. Audit Renewals: Identify any long-term vendor agreements set to renew after September 1, 2025, and renegotiate terms now.
4. Notify Project Managers: Issue an internal memo forbidding the use of pre-2025 contract templates for new engagements after August 31.

Operational Changes Required

Contracts

Critical Action: You must overhaul your Standard Professional Services Agreements and MSAs for survey work.

Indemnification: Remove clauses requiring the surveyor to indemnify you for *your* negligence. Limit indemnity strictly to the surveyor’s own negligence or breach.
Duty to Defend: Delete requirements for the surveyor to "defend" you (pay legal fees upfront). Replace with a clause requiring reimbursement of attorney’s fees only after liability is adjudicated and only in proportion to the surveyor's percentage of fault.
Standard of Care: Remove any language requiring "highest professional standards," "best practices," or "trust and confidence." Revert to the statutory standard: "ordinary professional skill and care."

Hiring/Training

Procurement Teams: Train purchasing agents and project managers that they cannot force surveyors to sign old templates. Attempting to enforce a void clause is a waste of legal spend.
Insurance Verification: Since you lose the "duty to defend," you must rely more heavily on insurance. Mandate that surveyors name your entity as an Additional Insured on their General Liability policies. This is your primary shield now.

Reporting & Record-Keeping

Contract Segregation: Update your document management system to flag contracts based on the September 1, 2025, cutoff. In the event of a claim, your legal team needs to know instantly which liability regime applies.

Fees & Costs

Legal Spend: Budget for immediate outside counsel fees to redline standard contract templates.
Litigation Cash Flow: Owners and GCs must budget to front their own defense costs in disputes involving surveyors. You will no longer be able to tender the defense to the surveyor immediately; you must fund the defense and seek reimbursement later.

Strategic Ambiguities & Considerations

"In Connection With Construction": The law applies to contracts for services "in connection with" construction. It is unclear if a survey for a pure real estate transaction (with no immediate construction planned) falls under this protection.
*Strategy:* Assume the law applies to all survey contracts to avoid litigation over statutory interpretation.
Reimbursement Mechanics: While the law allows for reimbursement of legal fees, it does not define the timeline for payment after adjudication. This will likely be a point of contention in settlement agreements.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCity Government City Government--general Civil Remedies & Liabilities County Government County Government--general Surveyors Building Construction

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 687
89R1463 MZM-F	By: Hughes
	State Affairs
	2/21/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Large construction contracts sometimes include third party liability clauses. These clauses are designed to make subcontractors such as land surveyors, architects, and engineers liable for the negligence of third parties working on the same project. In these contracts, subcontractors such as land surveyors can thus be held liable for negligence for which they are not in any way responsible. Further, third party liability is often uninsurable, so these subcontractors have no way to protect themselves under these contracts.

For this reason, the 87th Legislature overwhelmingly passed H.B. 2116, which invalidated contract provisions that made architects and engineers liable for the negligence of third parties in certain construction contracts. S.B. 687 extends those same protections to land surveyors. Upon passage of this bill, land surveyors would be responsible only for their own negligence, not anyone else's.

As proposed, S.B. 687 amends current law relating to liability for land surveying services in or in connection with certain construction or services contracts.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 130.001, Civil Practice and Remedies Code, as follows:

Sec. 130.001.� New heading: DEFINITIONS. Redefines "construction contract" and defines "land surveyor."

SECTION 2. Amends Sections 130.002(a), (b), (c), (d), and (f), Civil Practice and Remedies Code, as follows:

(a)� Provides that a covenant or promise in, in connection with, or collateral to a construction contract is void and unenforceable if the covenant or promise provides for a contractor who is to perform the work that is the subject of the construction contract to indemnify or hold harmless a registered architect, licensed engineer, or land surveyor, or an agent, servant, or employee of a registered architect, licensed engineer, or land surveyor from liability for damage that:

(1)� makes a conforming change to this subdivision; and

(2)� makes no changes to this subdivision.

(b)-(f)� Makes conforming changes to these subsections.

SECTION 3. Amends the heading to Section 130.0021, Civil Practice and Remedies Code, to read as follows:

Sec. 130.0021. ARCHITECT'S, ENGINEER'S, OR LAND SURVEYOR'S STANDARD OF CARE.

SECTION 4. Amends Sections 130.0021(a) and (b), Civil Practice and Remedies Code, to make conforming changes.

SECTION 5. Amends Section 130.004(b), Civil Practice and Remedies Code, to make conforming changes.

SECTION 6. Amends Section 130.005, Civil Practice and Remedies Code, to make conforming changes.

SECTION 7. Amends Section 271.904, Local Government Code, as follows:

Sec. 271.904.� New heading: ENGINEERING, ARCHITECTURAL, OR LAND SURVEYING SERVICES CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES OF ENGINEER, ARCHITECT, OR LAND SURVEYOR. (a) Provides that a covenant or promise in relation to a contract for certain professional services, including land surveying services, to which a government agency is a party is void and unenforceable in certain instances. Makes a conforming change.

(b)-(e)� Makes conforming changes to these subsections.

(f) Defines "land surveyor" and makes nonsubstantive changes. �

(g)� Makes a conforming change to this subsection.

SECTION 8. Makes application of this Act prospective.

SECTION 9. Effective date: September 1, 2025.

Senate Authors

Sen. Bryan HughesRepublican · Primary Author

House Sponsor

Rep. Ben BumgarnerRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 687

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to liability for land surveying services in or in
	connection with certain construction or services contracts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 130.001, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 130.001. DEFINITIONS [~~DEFINITION~~]. In this chapter:
	(1) "Construction [~~"construction~~] contract" means a
	contract or agreement made and entered into by an owner,
	contractor, subcontractor, registered architect, licensed
	engineer, land surveyor, or supplier concerning the design,
	construction, alteration, repair, or maintenance of a building,
	structure, appurtenance, road, highway, bridge, dam, levee, or
	other improvement to or on real property, including moving,
	demolition, and excavation connected with the real property.
	(2) "Land surveyor" means a registered professional
	land surveyor or licensed state land surveyor as those terms are
	defined by Section 1071.002, Occupations Code.
	SECTION 2. Sections 130.002(a), (b), (c), (d), and (f),
	Civil Practice and Remedies Code, are amended to read as follows:
	(a) A covenant or promise in, in connection with, or
	collateral to a construction contract is void and unenforceable if
	the covenant or promise provides for a contractor who is to perform
	the work that is the subject of the construction contract to
	indemnify or hold harmless a registered architect, licensed
	engineer, or land surveyor, or an agent, servant, or employee of a
	registered architect, [or] licensed engineer, or land surveyor from
	liability for damage that:
	(1) is caused by or results from:
	(A) defects in plans, designs, or specifications
	prepared, approved, or used by the architect, [or] engineer, or
	land surveyor; or
	(B) negligence of the architect, [or] engineer,
	or land surveyor in the rendition or conduct of professional duties
	called for or arising out of the construction contract and the
	plans, designs, or specifications that are a part of the
	construction contract; and
	(2) arises from:
	(A) personal injury or death;
	(B) property injury; or
	(C) any other expense that arises from personal
	injury, death, or property injury.
	(b) A covenant or promise in, in connection with, or
	collateral to a construction contract other than a contract for a
	single family or multifamily residence is void and unenforceable if
	the covenant or promise provides for a registered architect, [or]
	licensed engineer, or land surveyor whose engineering, [or]
	architectural, or land surveying design services are the subject of
	the construction contract to indemnify or hold harmless an owner or
	owner's agent or employee from liability for damage that is caused
	by or results from the negligence of an owner or an owner's agent or
	employee.
	(c) Except as provided by Subsection (d), (e), or (f), a
	covenant or promise in, in connection with, or collateral to a
	construction contract for engineering, [or] architectural, or land
	surveying services related to an improvement to real property is
	void and unenforceable to the extent the covenant or promise
	provides that a licensed engineer, [or] registered architect, or
	land surveyor must defend a party, including a third party, against
	a claim based wholly or partly on the negligence of, fault of, or
	breach of contract by the owner, the owner's agent, the owner's
	employee, or another entity over which the owner exercises
	control. A covenant or promise in, in connection with, or
	collateral to a contract for engineering, [or] architectural, or
	land surveying services related to an improvement to real property
	may provide for the reimbursement of an owner's reasonable
	attorney's fees in proportion to the engineer's, [or] architect's,
	or land surveyor's liability.
	(d) Notwithstanding Subsection (c), an owner that is a party
	to a contract for engineering, [or] architectural, or land
	surveying services related to an improvement to real property may
	require in the contract that the engineer, [or] architect, or land
	surveyor name the owner as an additional insured under any of the
	engineer's, [or] architect's, or land surveyor's insurance coverage
	to the extent additional insureds are allowed under the policy and
	provide any defense to the owner provided by the policy to a named
	insured.
	(f) Subsection (c) does not apply to a covenant to defend a
	party, including a third party, for a claim of negligent hiring of
	the architect, [or] engineer, or land surveyor.
	SECTION 3. The heading to Section 130.0021, Civil Practice
	and Remedies Code, is amended to read as follows:
	Sec. 130.0021. ARCHITECT'S, [OR] ENGINEER'S, OR LAND
	SURVEYOR'S STANDARD OF CARE.
	SECTION 4. Sections 130.0021(a) and (b), Civil Practice and
	Remedies Code, are amended to read as follows:
	(a) A construction contract for architectural, [or]
	engineering, or land surveying services or a contract related to
	the construction or repair of an improvement to real property that
	contains architectural, [or] engineering, or land surveying
	services as a component part must require that the architectural,
	[or] engineering, or land surveying services be performed with the
	professional skill and care ordinarily provided by competent
	architects, [or] engineers, or land surveyors practicing under the
	same or similar circumstances and professional license.
	(b) If a contract described by Subsection (a) contains a
	provision establishing a different standard of care than the
	standard described by Subsection (a):
	(1) the provision is void and unenforceable; and
	(2) the standard of care described by Subsection (a)
	applies to the performance of the architectural, [or] engineering,
	or land surveying services.
	SECTION 5. Section 130.004(b), Civil Practice and Remedies
	Code, is amended to read as follows:
	(b) Except as provided by Section 130.002(b) or (c) or
	Section 130.0021, this chapter does not prohibit or make void or
	unenforceable a covenant or promise to:
	(1) indemnify or hold harmless an owner of an interest
	in real property and persons employed solely by that owner; or
	(2) allocate, release, liquidate, limit, or exclude
	liability in connection with a construction contract between an
	owner or other person for whom a construction contract is being
	performed and a registered architect, [or] licensed engineer, or
	land surveyor.
	SECTION 6. Section 130.005, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 130.005. APPLICATION OF CHAPTER. This chapter does
	not apply to a contract or agreement in which an architect, [or]
	engineer, or land surveyor, or an agent, servant, or employee of an
	architect, [or] engineer, or land surveyor, is indemnified from
	liability for:
	(1) negligent acts other than those described by this
	chapter; or
	(2) negligent acts of the contractor, any
	subcontractor, any person directly or indirectly employed by the
	contractor or a subcontractor, or any person for whose acts the
	contractor or a subcontractor may be liable.
	SECTION 7. Section 271.904, Local Government Code, is
	amended to read as follows:
	Sec. 271.904. ENGINEERING, [OR] ARCHITECTURAL, OR LAND
	SURVEYING SERVICES CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES
	OF ENGINEER, [OR] ARCHITECT, OR LAND SURVEYOR. (a) A covenant or
	promise in, in connection with, or collateral to a contract for
	engineering, [or] architectural, or land surveying services to
	which a governmental agency is a party is void and unenforceable if
	the covenant or promise provides that a licensed engineer, [or]
	registered architect, or land surveyor whose work product is the
	subject of the contract must indemnify or hold harmless the
	governmental agency against liability for damage, other than
	liability for damage to the extent that the damage is caused by or
	results from an act of negligence, intentional tort, intellectual
	property infringement, or failure to pay a subcontractor or
	supplier committed by the indemnitor or the indemnitor's agent,
	consultant under contract, or another entity over which the
	indemnitor exercises control.
	(b) Except as provided by Subsection (c), a covenant or
	promise in, in connection with, or collateral to a contract for
	engineering, [or] architectural, or land surveying services to
	which a governmental agency is a party is void and unenforceable if
	the covenant or promise provides that a licensed engineer, [or]
	registered architect, or land surveyor whose work product is the
	subject of the contract must defend a party, including a third
	party, against a claim based wholly or partly on the negligence of,
	fault of, or breach of contract by the governmental agency, the
	agency's agent, the agency's employee, or other entity, excluding
	the engineer, [or] architect, or land surveyor or that person's
	agent, employee, or subconsultant, over which the governmental
	agency exercises control. A covenant or promise may provide for
	the reimbursement of a governmental agency's reasonable attorney's
	fees in proportion to the engineer's, [or] architect's, or land
	surveyor's liability.
	(c) Notwithstanding Subsection (b), a governmental agency
	may require in a contract for engineering, [or] architectural, or
	land surveying services to which the governmental agency is a party
	that the engineer, [or] architect, or land surveyor name the
	governmental agency as an additional insured under the engineer's,
	[or] architect's, or land surveyor's general liability insurance
	policy and provide any defense provided by the policy.
	(d) A contract for engineering, [or] architectural, or land
	surveying services to which a governmental agency is a party must
	require a licensed engineer, [or] registered architect, or land
	surveyor to perform services:
	(1) with the professional skill and care ordinarily
	provided by competent engineers, [or] architects, or land surveyors
	practicing under the same or similar circumstances and professional
	license; and
	(2) as expeditiously as is prudent considering the
	ordinary professional skill and care of a competent engineer, [or]
	architect, or land surveyor.
	(e) In a contract for engineering, [or] architectural, or
	land surveying services to which a governmental agency is a party, a
	provision establishing a different standard of care than a standard
	described by Subsection (d) is void and unenforceable. If a
	contract contains a void and unenforceable provision, the standard
	of care described by Subsection (d) applies.
	(f) In this section:
	(1) "Governmental[~~, "governmental~~] agency" has the
	meaning assigned by Section 271.003.
	(2) "Land surveyor" means a registered professional
	land surveyor or licensed state land surveyor as those terms are
	defined by Section 1071.002, Occupations Code.
	(g) Nothing in this section prohibits a governmental agency
	in a contract for engineering, [or] architectural, or land
	surveying services to which the governmental agency is a party from
	including and enforcing conditions that relate to the scope, fees,
	and schedule of a project in the contract.
	SECTION 8. The change in law made by this Act applies only
	to a contract or covenant or promise in, in connection with, or
	collateral to a construction contract entered into on or after the
	effective date of this Act. A contract or covenant or promise in,
	in connection with, or collateral to a construction contract
	entered into before the effective date of this Act is governed by
	the law applicable to the contract or covenant or promise
	immediately before the effective date of this Act, and that law is
	continued in effect for that purpose.
	SECTION 9. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


February 24, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB687 by Hughes (Relating to liability for land surveying services in or in connection with certain construction or services contracts.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts

LBB Staff:

JMc, WP, BC, CWi, NV, CMA

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Frequently Asked Questions

Common questions about SB687

What does Texas SB687 do?

SB687 extends statutory liability protections—previously reserved for architects and engineers—to land surveyors, rendering broad-form indemnification and "duty to defend" clauses in construction contracts void and unenforceable. Developers, General Contractors, and Government entities must immediately revise Master Service Agreements (MSAs) to align with these restrictions or risk holding void contracts. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 Note: The law is prospective.

Who authored SB687?

SB687 was authored by Texas Senator Bryan Hughes during the Regular Session.

When was SB687 signed into law?

SB687 was signed into law by Governor Greg Abbott on May 30, 2025.

How urgent is compliance with SB687?

The compliance urgency for SB687 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB687?

The cost impact of SB687 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB687 address?

SB687 addresses topics including city government, city government--general, civil remedies & liabilities, county government and county government--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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