1-1 By: Goolsby (Senate Sponsor - Cain) H.B. No. 1456
1-2 (In the Senate - Received from the House May 1, 1997;
1-3 May 2, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 15, 1997, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the statute of limitations for claims against licensed
1-9 interior designers and landscape architects.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 16.008, Civil Practice and Remedies Code,
1-12 is amended by amending the heading to read as follows:
1-13 Sec. 16.008. ARCHITECTS, [AND] ENGINEERS, INTERIOR
1-14 DESIGNERS, AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR
1-15 INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.
1-16 SECTION 2. Sections 16.008(a) and (c), Civil Practice and
1-17 Remedies Code, are amended to read as follows:
1-18 (a) A person must bring suit for damages for a claim listed
1-19 in Subsection (b) against a registered or licensed architect, [or]
1-20 engineer, interior designer, or landscape architect in this state,
1-21 who designs, plans, or inspects the construction of an improvement
1-22 to real property or equipment attached to real property, not later
1-23 than 10 years after the substantial completion of the improvement
1-24 or the beginning of operation of the equipment in an action arising
1-25 out of a defective or unsafe condition of the real property, the
1-26 improvement, or the equipment.
1-27 (c) If the claimant presents a written claim for damages,
1-28 contribution, or indemnity to the architect, [or] engineer,
1-29 interior designer, or landscape architect within the 10-year
1-30 limitations period, the period is extended for two years from the
1-31 day the claim is presented.
1-32 SECTION 3. (a) This Act takes effect September 1, 1997.
1-33 (b) Except as provided by Subsection (c) of this section,
1-34 this Act applies to a cause of action that accrues before, on, or
1-35 after the effective date of this Act.
1-36 (c) This Act does not apply to a cause of action for which
1-37 suit is commenced with respect to the cause of action before
1-38 January 1, 1998.
1-39 SECTION 4. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended.
1-44 * * * * *