Amend CSHB 1038 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill accordingly:
SECTION ____. Section 426.006, Property Code, is amended to
read as follows:
Sec. 426.006. TIME FOR REQUESTING INSPECTION AND DISPUTE
RESOLUTION. (a) For an alleged defect discovered during an
applicable warranty period, the [The] state-sponsored inspection
and dispute resolution process must be requested on or before the
second anniversary of the date of discovery of the conditions
claimed to be evidence of the construction defect but not later than
the 90th [30th] day after the date the applicable warranty period
expires.
(b) If the alleged defect would violate the statutory
warranty of habitability and was not discoverable by a reasonable,
prudent inspection or examination of the home or improvement within
the applicable warranty period, the state-sponsored inspection and
dispute resolution process must be requested:
(1) on or before the second anniversary of the date of
discovery of the conditions claimed to be evidence of the
construction defect; and
(2) not later than the 10th anniversary of the date of
the initial transfer of title from the builder to the initial owner
of the home or improvement that is the subject of the dispute or, if
there is not a closing, the date on which the contract for
construction of the improvement is entered into.