By Goolsby H.B. No. 1456
75R9945 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statute of limitations for claims against licensed
1-3 interior designers and landscape architects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.008, Civil Practice and Remedies Code,
1-6 is amended by amending the heading to read as follows:
1-7 Sec. 16.008. ARCHITECTS, [AND] ENGINEERS, INTERIOR
1-8 DESIGNERS, AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR
1-9 INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.
1-10 SECTION 2. Sections 16.008(a) and (c), Civil Practice and
1-11 Remedies Code, are amended to read as follows:
1-12 (a) A person must bring suit for damages for a claim listed
1-13 in Subsection (b) against a registered or licensed architect, [or]
1-14 engineer, interior designer, or landscape architect in this state,
1-15 who designs, plans, or inspects the construction of an improvement
1-16 to real property or equipment attached to real property, not later
1-17 than 10 years after the substantial completion of the improvement
1-18 or the beginning of operation of the equipment in an action arising
1-19 out of a defective or unsafe condition of the real property, the
1-20 improvement, or the equipment.
1-21 (c) If the claimant presents a written claim for damages,
1-22 contribution, or indemnity to the architect, [or] engineer,
1-23 interior designer, or landscape architect within the 10-year
1-24 limitations period, the period is extended for two years from the
2-1 day the claim is presented.
2-2 SECTION 3. (a) This Act takes effect September 1, 1997.
2-3 (b) Except as provided by Subsection (c) of this section,
2-4 this Act applies to a cause of action that accrues before, on, or
2-5 after the effective date of this Act.
2-6 (c) This Act does not apply to a cause of action for which
2-7 suit is commenced with respect to the cause of action before
2-8 January 1, 1998.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.