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Signed Into Law
Signed May 30, 2025Effective 2025-09-01
SB687

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

SB687: Government Affairs Overview

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.

Sen. Bryan Hughes·Senate Bill·Regular Session

Critical
Low Cost
Effective:2025-09-01
Business Impact

Who SB687 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

🏗️

Construction

Affected business types:

  • General contractors
  • Specialty contractors
  • Construction firms
  • Building developers
View all construction legislation

Key Operational Considerations

  • 1Indemnification: Remove clauses requiring the surveyor to indemnify you for *your* negligence. Limit indemnity strictly to the surveyor’s own negligence or breach.
  • 2Procurement 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.

Estimated Cost Impact

lowMinimal cost impact anticipated.

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SB687
Critical
Relating to liability for land surveying services in or in connection with certain construction or services contracts.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Primary Author: Sen. Bryan Hughes
89th Texas Legislature
jdkey.com
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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Dec 20, 2024
Passed Senate
Apr 10, 2025
Passed House
May 20, 2025
Signed
May 30, 2025
Effective
Sep 1, 2025
TopicsCity GovernmentCity Government--generalCivil Remedies & LiabilitiesCounty GovernmentCounty Government--generalSurveyorsBuilding Construction
03

Senate Authors

Sen. Bryan HughesRepublican · Primary Author

House Sponsor

Rep. Ben BumgarnerRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Bryan Hughes

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB687

Q

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.

Q

Who authored SB687?

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

Q

When was SB687 signed into law?

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

Q

How significant are the changes in SB687?

The regulatory priority for SB687 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does SB687 address?

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

Q

What are the key dates for SB687?

Key dates for SB687: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

Which Texas businesses are affected by SB687?

SB687 primarily affects construction firms and contractors. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026