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AN ACT
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relating to the statute of repose for engineers and architects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.008, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(d) to read as follows: |
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(a) Notwithstanding any other law, a [A] person must bring |
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suit for damages for a claim listed in Subsection (b) against a |
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registered or licensed architect, engineer, interior designer, or |
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landscape architect in this state, who designs, plans, or inspects |
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the construction of an improvement to real property or equipment |
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attached to real property, not later than 10 years after the |
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substantial completion of the improvement or the beginning of |
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operation of the equipment in an action arising out of a defective |
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or unsafe condition of the real property, the improvement, or the |
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equipment. |
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(d) This section is a statute of repose. Sections 33.004(a) |
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and (e) do not apply to a claim barred by this section. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law as it existed immediately before |
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that date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2141 passed the Senate on |
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May 12, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2141 passed the House on |
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May 27, 2009, by the following vote: Yeas 146, Nays 2, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |