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.