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.

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