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Amend CSHB 730 (Senate committee printing) as follows:
(1) In Section 1.01 of the bill, in added Section 401.002,
Property Code (page 2, between lines 12 and 13), insert the
following subdivision at the appropriate place and renumber other
subdivisions appropriately:
(16) "Warranty of habitability" means a builder's
obligation to construct a home or home improvement that is in
compliance with the limited statutory warranties and building and
performance standards adopted by the commission under Section
430.001, and that is safe, sanitary, and fit for humans to inhabit.
(2) In Section 1.01 of the bill, in added Chapter 430,
Property Code (page 15, between lines 42 and 43), insert the
following section at the appropriate place and renumber other
sections and any cross-references appropriately:
Sec. 430.002. WARRANTY OF HABITABILITY. (a) The
construction of each new home or home improvement shall include the
warranty of habitability.
(b) For a construction defect to be actionable as a breach
of the warranty of habitability, the defect must have a direct
adverse effect on the habitable areas of the home and must not have
been discoverable by a reasonable prudent inspection or examination
of the home or home improvement within the applicable warranty
periods adopted by the commission under Section 430.001.
(3) In Section 1.01 of the bill, in added Section 430.005,
Property Code (page 16, line 12), strike "adopted under this
chapter" and substitute "adopted under this chapter or the warranty
of habitability".
(4) In Section 1.01 of the bill, in added Section 430.007,
Property Code (page 16, lines 35-40), strike Subsection (b) and
substitute the following:
(b) A limitation of liability under this section is not
effective unless the company providing the warranty:
(1) agrees to perform the builder's warranty
obligations under this chapter that are covered by the warranty
provided through the third-party warranty company; and
(2) actually pays for or corrects any construction
defect covered by the warranty provided through the third-party
warranty company.
(5) In Section 1.01 of the bill, in added Section 430.008,
Property Code (page 16, lines 59 and 60), strike "commission, but it
may not reduce the limited statutory warranty and building and
performance standards" and substitute "commission. A third-party
warranty company may not reduce the limited statutory warranty and
building and performance standards, except that a third-party
warranty company shall not be required to provide a warranty of
habitability".