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A BILL TO BE ENTITLED
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AN ACT
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relating to statutes of limitation and repose for certain claims |
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involving the construction or repair of an improvement to real |
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property or equipment attached to real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.008, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (c) and adding |
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Subsection (a-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] person |
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must bring suit for damages for a claim listed in Subsection (b) |
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against a registered or licensed architect, engineer, interior |
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designer, or landscape architect in this state, who designs, plans, |
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or inspects the construction of an improvement to real property or |
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equipment attached to real property, not later than 10 years after |
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the substantial completion of the improvement or the beginning of |
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operation of the equipment in an action arising out of a defective |
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or unsafe condition of the real property, the improvement, or the |
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equipment. |
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(a-1) A governmental entity must bring suit for damages for |
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a claim listed in Subsection (b) against a registered or licensed |
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architect, engineer, interior designer, or landscape architect in |
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this state, who designs, plans, or inspects the construction of an |
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improvement to real property or equipment attached to real |
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property, not later than eight years after the substantial |
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completion of the improvement or the beginning of operation of the |
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equipment in an action arising out of a defective or unsafe |
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condition of the real property, the improvement, or the equipment. |
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This subsection does not apply to a claim arising out of: |
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(1) a contract entered into by the Texas Department of |
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Transportation; |
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(2) a project that receives money from the state |
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highway fund or a federal fund designated for highway and mass |
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transit spending; or |
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(3) a civil works project, as that term is defined |
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under Section 2269.351, Government Code. |
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(c) If the claimant presents a written claim for damages, |
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contribution, or indemnity to the architect, engineer, interior |
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designer, or landscape architect within the applicable [10-year] |
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limitations period, the period is extended for: |
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(1) two years from the date [day] the claim is |
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presented, for a claim to which Subsection (a) applies; or |
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(2) one year from the date the claim is presented, for |
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a claim to which Subsection (a-1) applies. |
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SECTION 2. Section 16.009, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a), (c), and (d) and |
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adding Subsection (a-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] claimant |
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must bring suit for damages for a claim listed in Subsection (b) |
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against a person who constructs or repairs an improvement to real |
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property not later than 10 years after the substantial completion |
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of the improvement in an action arising out of a defective or unsafe |
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condition of the real property or a deficiency in the construction |
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or repair of the improvement. |
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(a-1) A governmental entity must bring suit for damages for |
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a claim listed in Subsection (b) against a person who constructs or |
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repairs an improvement to real property not later than eight years |
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after the substantial completion of the improvement in an action |
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arising out of a defective or unsafe condition of the real property |
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or a deficiency in the construction or repair of the improvement. |
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This subsection does not apply to a claim arising out of: |
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(1) a contract entered into by the Texas Department of |
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Transportation; |
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(2) a project that receives money from the state |
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highway fund or a federal fund designated for highway and mass |
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transit spending; or |
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(3) a civil works project, as that term is defined |
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under Section 2269.351, Government Code. |
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(c) If the claimant presents a written claim for damages, |
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contribution, or indemnity to the person performing or furnishing |
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the construction or repair work during the applicable [10-year] |
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limitations period, the period is extended for: |
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(1) two years from the date the claim is presented, for |
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a claim to which Subsection (a) applies; or |
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(2) one year from the date the claim is presented, for |
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a claim to which Subsection (a-1) applies. |
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(d) If the damage, injury, or death occurs during the last |
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[10th] year of the applicable limitations period, the claimant may |
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bring suit not later than two years after the day the cause of |
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action accrues. |
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SECTION 3. (a) Except as provided by this section, Section |
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16.008, Civil Practice and Remedies Code, as amended by this Act, |
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applies to a cause of action arising out of a design, plan, or |
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inspection of the construction of an improvement to real property |
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or equipment attached to real property that commences on or after |
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the effective date of this Act. Section 16.008, Civil Practice and |
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Remedies Code, as amended by this Act, does not apply to a cause of |
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action arising out of a design, plan, or inspection that commences |
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on or after the effective date of this Act under a contract entered |
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into before that date. |
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(b) A cause of action arising out of a design, plan, or |
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inspection of the construction of an improvement to real property |
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or equipment attached to real property that commenced before the |
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effective date of this Act or arising out of a design, plan, or |
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inspection of the construction of an improvement to real property |
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or equipment attached to real property that commences on or after |
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the effective date of this Act under a contract entered into before |
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that date is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. (a) Except as provided by this section, Section |
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16.009, Civil Practice and Remedies Code, as amended by this Act, |
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applies to a cause of action arising out of construction or repair |
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of an improvement to real property that commences on or after the |
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effective date of this Act. Section 16.009, Civil Practice and |
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Remedies Code, as amended by this Act, does not apply to a cause of |
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action arising out of construction or repair of an improvement to |
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real property that commences on or after the effective date of this |
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Act under a contract entered into before that date. |
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(b) A cause of action arising out of construction or repair |
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of an improvement to real property that commenced before the |
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effective date of this Act or arising out of construction or repair |
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of an improvement to real property that commences on or after the |
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effective date of this Act under a contract entered into before that |
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date is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |