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By:  Duncan, Estes                                                S.B. No. 334
	(In the Senate - Filed February 2, 2005; February 7, 2005, 
read first time and referred to Committee on Business and Commerce; 
March 9, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; March 9, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 334                                    By:  Fraser


A BILL TO BE ENTITLED

AN ACT


relating to the remedy provided for failure to disclose certain 
information in certain residential construction transactions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 27.007, Property Code, 
is amended to read as follows:
	(b)  A [If a contract does not contain the notice required by 
this section, the] claimant may recover from the contractor a civil 
penalty of $500 in addition to any other remedy provided by this 
chapter if:
		(1)  the contract does not contain the notice required 
by this section; and
		(2)  the claimant proves actual damages were 
proximately caused by the construction defect.
	SECTION 2.  The change in law made by Subsection (b), Section 
27.007, Property Code, as amended by this Act, applies to all 
actions not finally adjudicated on or before the effective date of 
this Act.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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