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PROCLAMATION
BY THE
stxenor oft etffte of texs
41-3217
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 as passed by the Eighty-
first Texas Legislature, Regular Session, because of 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.
Since the Legislature by its adjournment has prevented the return of this bill, I am filing
these objections in the office of the Secretary of State and giving notice thereof by this
public proclamation according to the aforementioned constitutional provision.
\ IN TESTIMONY WHEREOF, I
have signed my name officially
and caused the Seal of the State to
be affixed hereto at Austin, this
19th day of June, 2009.
4f
RIC
Governor of Texas
ATTESTED BY:
FILED IN THE OFFICE OF THI
8EC ETAPY OF STATE
4 O'CLOCK
JUN 19 2009
P.
Ar
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