By: Parker (Senate Sponsor - Estes) H.B. No. 2223

(In the Senate - Received from the House May 18, 2009; May 19, 2009, read first time and referred to Committee on Business and Commerce; May 22, 2009, reported favorably by the following vote: Yeas 9, Nays 0; May 22, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to notice to certain homeowners regarding residential construction warranties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 409, Property Code, is amended by adding Section 409.005 to read as follows:

Sec. 409.005. WARRANTY NOTICE. Nine months after the registration of a home under Section 426.003, the commission shall send to the home's record owner a notice that:

(1) describes the warranty provisions applicable to the home under Chapter 430, including the warranty periods; and

(2) informs the owner that:

(A) the owner must file a request for state inspection and dispute resolution to pursue a civil action for damages or other relief arising from a construction defect; and

(B) the request must be filed on or before the 90th day after the date the applicable warranty period expires.

SECTION 2. Section 409.005, Property Code, as added by this Act, applies only to a home registered under Section 426.003, Property Code, on or after January 1, 2009.

SECTION 3. This Act takes effect September 1, 2009.

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