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Senate Bill 2141 |
Senate Author: Wentworth |
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Effective: Vetoed |
House Sponsor: Hughes |
Current law provides that a person must bring a suit for damages for certain claims against a registered or licensed architect, engineer, interior designer, or landscape architect in Texas not later than 10 years after the substantial completion of a real property improvement or the beginning of the operation of equipment attached to real property in an action arising out of a defective or unsafe condition of the real property, improvement, or equipment. Senate Bill 2141 amends the Civil Practice and Remedies Code to clarify that the 10-year limitation is a statute of repose and that the provisions relating to the designation of a responsible third party and authorizing a claimant to join such third party under certain circumstances do not apply to a claim barred by such statute of repose.
Reason Given for Veto: '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.'