{"data":{"id":"us-tx/tex.-insurance-code-151.105","jurisdiction":"us-tx","citation":"Tex. Insurance Code § 151.105","heading":"EXCLUSIONS.","body":"This subchapter does not affect:\n(1) an insurance policy, including a policy issued under an owner-controlled or owner-sponsored consolidated insurance program or a contractor-controlled or contractor-sponsored consolidated insurance program, except as provided by Section 151.104;\n(2) a cause of action for breach of contract or warranty that exists independently of an indemnity obligation, including an indemnity obligation in a construction contract under a construction project for which insurance is provided under a consolidated insurance program;\n(3) indemnity provisions contained in loan and financing documents, other than construction contracts to which the contractor and owner's lender are parties as provided under Section 151.001(5);\n(4) general agreements of indemnity required by sureties as a condition of execution of bonds for construction contracts;\n(5) the benefits and protections under the workers' compensation laws of this state;\n(6) the benefits or protections under the governmental immunity laws of this state;\n(7) agreements subject to Chapter 127, Civil Practice and Remedies Code;\n(8) a license agreement between a railroad company and a person that permits the person to enter the railroad company's property as an accommodation to the person for work under a construction contract that does not primarily benefit the railroad company;\n(9) an indemnity provision pertaining to a claim based upon copyright infringement;\n(10) an indemnity provision in a construction contract, or in an agreement collateral to or affecting a construction contract, pertaining to:\n(A) a single family house, townhouse, duplex, or land development directly related thereto; or\n(B) a public works project of a municipality; or\n(11) a joint defense agreement entered into after a claim is made.\nAdded by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.","path":["INSURANCE CODE","TITLE 2. TEXAS DEPARTMENT OF INSURANCE","SUBTITLE C. PROGRAMS AFFECTING MULTIPLE LINES OF INSURANCE","CHAPTER 151. CONSOLIDATED INSURANCE PROGRAMS","SUBCHAPTER C. REQUIREMENTS RELATED TO INDEMNIFICATION"],"source_url":"https://statutes.capitol.texas.gov/Docs/IN/htm/IN.151.htm#151.105","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:21Z","sha256":"5624b38acbeb1feb7b9150a0c7d7c56beeb2212d72aae631289ff44458e53274","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-insurance-code-151.104","next":"us-tx/tex.-insurance-code-151.151"},"notice":"GroundRules: Original legal text. Not legal advice."}
