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Amend CSHB 730 (Senate committee printing) as follows:
(1) In Section 1.01 of the bill, in newly-added Section
426.005, Property Code (page 11, lines 14-19), strike Subsection
(b) and substitute the following:
"(b) An action described by Subsection (a) must be filed:
(1) on or before the expiration of any applicable
statute of limitations or by the 45th day after the date the
third-party inspector issues the inspector's recommendation,
whichever is later; or
(2) if the recommendation is appealed, on or before
the expiration of any applicable statute of limitations or by the
45th day after the date the commission issues its ruling on the
appeal, whichever is later."
(2) In Section 1.01 of the bill, in newly-added Section
428.001(h), Property Code (page 13, line 13), strike "in an action"
and substitute "in any action".
(3) In Section 1.01 of the bill, in newly-added Section
430.004, Property Code (page 16, lines 7-8), strike the sentence
that reads "A court may not discern or declare any other implied
warranty."
(4) In Section 1.01 of the bill, in newly-added Section
430.007, Property Code (page 16, lines 31-34), strike new
Subsection (a) and substitute the following:
(a) A builder may elect to provide a warranty through a
third-party warranty company approved by the commission.
(5) In Section 1.01 of the bill, in newly-added Section
430.007(b), Property Code (page 16, line 35), strike "limitation"
and substitute "transfer".
(6) In Section 1.01 of the bill, in newly-added Section
430.009, Property Code (page 16, lines 62-65), strike the sentence
that reads "This subtitle provides the sole rights and obligations
between a homeowner and a builder unless additional rights and
obligations are provided in and express, written contract between
the homeowner and the builder."
(7) In Section 1.01 of the bill, in newly-added Section
430.009, Property Code (page 17, line 3), strike "subsection" and
substitute "subtitle".
(8) In Section 1.01 of the bill, in newly-added Section
430.009, Property Code (page 17, lines 6-8), strike Subsection (c)
and substitute a new Subsection (c) as follows:
(c) Breach of a limited statutory warranty adopted by the
commission or breach of the statutory warranty of habitability
shall not, by itself, constitute a violation of the Deceptive Trade
Practice-Consumer Protection Act (Subchapter E, Chapter 17,
Business and Commerce Code).