By:  Duncan                                            S.B. No. 623
         2001S0439/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to damages for liability actions in residential
 1-3     construction.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 27.002, Property Code, is
 1-6     amended to read as follows:
 1-7           (a)  This chapter applies to:
 1-8                 (1)  any action [to recover damages] resulting from a
 1-9     construction defect, except a claim for personal injury, survival,
1-10     or wrongful death or for damage to goods; and
1-11                 (2)  any subsequent purchaser of a residence who files
1-12     a claim against a contractor.
1-13           SECTION 2.  Subsection (g), Section 27.004, Property Code, is
1-14     amended to read as follows:
1-15           (g)  If a contractor fails to make a reasonable offer under
1-16     this section, or fails to make a reasonable attempt to complete the
1-17     repairs specified in an accepted offer made under this section, or
1-18     fails to complete, in a good and workmanlike manner, the repairs
1-19     specified in an accepted offer made under this section, the
1-20     limitations on damages [and defenses to liability] provided for in
1-21     Subsection (f) [this section] shall not apply and Subsection (h)
1-22     shall control.
1-23           SECTION 3.  This Act takes effect September 1, 2001.