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Tex. Civ. Prac. & Rem. Code § 127.003

AGREEMENT VOID AND UNENFORCEABLE

Applied in 20 court decisions — leading case Getty Oil Co. v. Insurance Co. of North America (1993)

Most recently applied in QBE Syndicate 1036 v. Compass Minerals (March 2024)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Except as otherwise provided by this chapter, a covenant, promise, agreement, or understanding contained in, collateral to, or affecting an agreement pertaining to a well for oil, gas, or water or to a mine for a mineral is void if it purports to indemnify a person against loss or liability for damage that:

(1) is caused by or results from the sole or concurrent negligence of the indemnitee, his agent or employee, or an individual contractor directly responsible to the indemnitee; and

(2) arises from:

(A) personal injury or death;

(B) property injury; or

(C) any other loss, damage, or expense that arises from personal injury, death, or property injury.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.