By Hope                                               H.B. No. 2129
         77R5438 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to remedies available for residential construction
 1-3     defects.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 27.002(a), Property Code, is amended to
 1-6     read as follows:
 1-7           (a)  This chapter applies to:
 1-8                 (1)  any action for any form of relief arising [to
 1-9     recover damages resulting] from a construction defect, except a
1-10     claim for personal injury, survival, or wrongful death or for
1-11     damage to goods; and
1-12                 (2)  any subsequent purchaser of a residence who files
1-13     a claim against a contractor.
1-14           SECTION 2. Section 27.004(g), Property Code, is amended to
1-15     read as follows:
1-16           (g)  If a contractor fails to make a reasonable offer under
1-17     this section, or fails to make a reasonable attempt to complete the
1-18     repairs specified in an accepted offer made under this section, or
1-19     fails to complete, in a good and workmanlike manner, the repairs
1-20     specified in an accepted offer made under this section:
1-21                 (1)  [,] the limitations on damages prescribed by
1-22     Subsection (f) do [and defenses to liability provided for in this
1-23     section shall] not apply; and
1-24                 (2)  the claimant may recover damages as provided by
 2-1     Subsection (h).
 2-2           SECTION 3. (a)  This Act takes effect September 1, 2001.
 2-3           (b)  The change in law made by this Act applies only to a
 2-4     cause of action that accrues on or after the effective date of this
 2-5     Act.  A cause of action that accrues before the effective date of
 2-6     this Act is governed by the law in effect immediately before the
 2-7     effective date of this Act, and that law is continued in effect for
 2-8     that purpose.