Amend CSHB 1959 (Senate committee printing) by adding the 
following appropriately numbered Article to the bill and 
renumbering existing Articles of the bill accordingly:

ARTICLE ___.  ENTITIES WITH UNCHANGED 2009 SUNSET DATE
	SECTION ___.01.  TEXAS RESIDENTIAL CONSTRUCTION COMMISSION.  
(a)  This section takes effect only if the Texas Residential 
Construction Commission is not continued in existence by another 
Act of the 81st Legislature, Regular Session, and Title 16, 
Property Code, expires on September 1, 2009.
	(b)  Notwithstanding Section 325.017, Government Code:                         
		(1)  on September 1, 2009, the Texas Residential 
Construction Commission has no responsibility or authority to 
regulate or take enforcement action against builders, third-party 
warranty companies, or arbitrators; and
		(2)  until February 1, 2010, the commission shall 
continue to handle requests for state-sponsored inspection and 
dispute resolution submitted to the commission before September 1, 
2009, in accordance with this section.
	(c)  Except as provided by this section, a request for 
state-sponsored inspection and dispute resolution submitted to the 
Texas Residential Construction Commission before September 1, 
2009, is governed by the law applicable to the request immediately 
before September 1, 2009.
	(d)  The parties to a request for state-sponsored inspection 
and dispute resolution submitted to the Texas Residential 
Construction Commission before September 1, 2009, may, but are not 
required to, continue to participate in the state-sponsored 
inspection and dispute resolution process, as it existed 
immediately before September 1, 2009, until January 31, 2010.
	(e)  Notwithstanding Chapter 27, Property Code, on and after 
September 1, 2009, a party to a dispute that is the subject of a 
request for state-sponsored inspection and dispute resolution 
submitted to the Texas Residential Construction Commission before 
September 1, 2009, may file an action arising out of the alleged 
construction defect that is the subject of the dispute before the 
later of:
		(1)  the expiration of the applicable statute of 
limitations; or            
		(2)  the earlier of:                                                          
			(A)  the 45th day after the date on which a final, 
unappealable determination is received in connection with the 
request; or
			(B)  March 15, 2010.                                                         
	(f)  The Texas Residential Construction Commission may not 
refund any fees paid in connection with a request for 
state-sponsored inspection and dispute resolution filed with the 
commission before September 1, 2009.
	(g)  Until February 1, 2010, the Texas Residential 
Construction Commission shall maintain existing contractual 
relationships with third-party inspectors for the purposes of 
continuing the state-sponsored inspection and dispute resolution 
process for requests submitted before September 1, 2009.  On and 
after September 1, 2009, a third-party inspector who performs 
inspections and issues reports in connection with a request for 
state-sponsored inspection and dispute resolution submitted before 
September 1, 2009, must meet the requirements of Title 16, Property 
Code, except that a third-party inspector is not required to submit 
an annual application or fee under Section 427.001, Property Code, 
as that section existed immediately before September 1, 2009.
	(h)  For the purposes of Section 27.004, Property Code, for a 
claim that was subject to Chapter 27 and Subtitle D, Title 16, 
Property Code, immediately before September 1, 2009, and for which 
a request for state-sponsored inspection and dispute resolution was 
not filed under that subtitle before September 1, 2009, notice must 
be given in the same manner and in the same time as is required by 
that section for a claim not subject to Subtitle D, Title 16, and 
any deadline under Section 27.004, Property Code, that applies with 
respect to the claim shall be computed as if the claim were not 
subject to Subtitle D, Title 16, Property Code.
	(i)  For the purposes of Section 27.0042, Property Code, if a 
request for state-sponsored inspection and dispute resolution is 
filed before September 1, 2009, and a final, unappealable 
determination is not received before February 1, 2010, a final, 
unappealable determination is considered to have been received on 
February 1, 2010.
	(j)  It is the intent of the legislature that the rights, 
duties, and obligations of parties to litigation pending on 
September 1, 2009, or to a cause of action that accrues before 
September 1, 2009, are not substantively impaired by the expiration 
of Title 16, Property Code.  A court shall exercise its equitable 
jurisdiction to effectuate that intent.