By Cain                                         S.B. No. 1690

      75R4944 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.

 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, AND INTERIOR

 1-8     DESIGNERS FURNISHING DESIGN, PLANNING, OR INSPECTION OF

 1-9     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, or interior designer in this state, who designs, plans,

1-15     or  inspects the construction of an improvement to real property or

1-16     equipment attached to real property, not later than 10 years after

1-17     the substantial completion of the improvement or the beginning of

1-18     operation of the equipment in an action arising out of a defective

1-19     or unsafe condition of the real property, the improvement, or the

1-20     equipment.

1-21           (c)  If the claimant presents a written claim for damages,

1-22     contribution, or indemnity to the architect, [or] engineer, or

1-23     interior designer within the 10-year limitations period, the period

1-24     is  extended for two years from the day the claim is presented.

 2-1           SECTION 3.  (a)  This Act takes effect September 1, 1997.

 2-2           (b)  Except as provided by Subsection (c) of this section,

 2-3     this Act applies to a cause of action that accrues before, on, or

 2-4     after the effective date of this Act.

 2-5           (c)  This Act does not apply to a cause of action for which

 2-6     suit is commenced with respect to the cause of action before

 2-7     January 1, 1998.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.