75R9945 MLS-D                           

         By Goolsby                                            H.B. No. 1456

         Substitute the following for H.B. No. 1456:

         By Alvarado                                       C.S.H.B. No. 1456

                                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.