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.