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A BILL TO BE ENTITLED
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AN ACT
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relating to the statutes of limitation and repose for certain |
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claims involving the construction or repair of an improvement to |
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real property or equipment attached to real property. |
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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 adding Subsections (a-1) and (a-2) and amending |
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Subsections (a) and (c) to read as follows: |
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(a) In this section: |
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(1) "Latent deficiency" means a defective or unsafe |
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condition that is not apparent by reasonable inspection; and |
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(2) "Patent deficiency" means a defective or unsafe |
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condition that is apparent by reasonable inspection. |
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(a-1) A person may not [must] bring suit for damages for a |
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claim listed in Subsection (b) against a registered or licensed |
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architect, engineer, interior designer, or landscape architect in |
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this state, who designs, plans, or inspects the construction of an |
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improvement to real property or equipment attached to real |
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property[, not] later than eight [10] years after the substantial |
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completion of the improvement or the beginning of operation of the |
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equipment in an action arising out of a defective or unsafe |
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condition of the real property, the improvement, or the equipment. |
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(a-2) A person must bring suit for damages for a claim |
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listed in Subsection (b) against a registered or licensed |
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architect, engineer, interior designer, or landscape architect in |
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this state, who designs, plans, or inspects the construction of an |
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improvement to real property or equipment attached to real |
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property, not later than four years after: |
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(1) the substantial completion of the improvement or |
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the beginning of operation of the equipment in an action arising out |
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of a patent deficiency in the real property, the improvement, or the |
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equipment; |
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(2) the person discovers a latent deficiency in the |
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real property, improvement, or equipment; or |
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(3) a latent deficiency in the real property, |
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improvement, or equipment becomes a patent deficiency. |
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(c) If the claimant presents a written claim for damages, |
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contribution, or indemnity to the architect, engineer, interior |
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designer, or landscape architect within the applicable [10-year] |
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limitations period, the period is extended for two years from the |
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day the claim is presented. |
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SECTION 2. Section 16.009, Civil Practice and Remedies |
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Code, is amended by adding Subsections (a-1) and (a-2) and amending |
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Subsections (a), (c), and (d) to read as follows: |
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(a) In this section: |
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(1) "Latent deficiency" means a defective or unsafe |
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condition that is not apparent by reasonable inspection; and |
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(2) "Patent deficiency" means a defective or unsafe |
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condition that is apparent by reasonable inspection. |
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(a-1) A claimant may not [must] bring suit for damages for a |
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claim listed in Subsection (b) against a person who constructs or |
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repairs an improvement to real property [not] later than eight [10] |
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years after the substantial completion of the improvement in an |
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action arising out of a defective or unsafe condition of the real |
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property or a deficiency in the construction or repair of the |
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improvement. |
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(a-2) A person must bring suit for damages for a claim |
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listed in Subsection (b) against a person who constructs or repairs |
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an improvement to real property not later than four years after: |
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(1) the substantial completion of the improvement in |
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an action arising out of a patent deficiency in the real property or |
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the construction or repair of the improvement; |
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(2) the person discovers a latent deficiency in the |
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real property or the construction or repair of the improvement; or |
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(3) a latent deficiency in the real property or the |
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construction or repair of the improvement becomes a patent |
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deficiency. |
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(c) If the claimant presents a written claim for damages, |
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contribution, or indemnity to the person performing or furnishing |
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the construction or repair work during the applicable [10-year] |
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limitations period, the period is extended for two years from the |
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date the claim is presented. |
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(d) If the damage, injury, or death occurs during the last |
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[10th] year of the limitations period, the claimant may bring suit |
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not later than two years after the day the cause of action accrues. |
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SECTION 3. (a) Except as provided by this section, Section |
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16.008, Civil Practice and Remedies Code, as amended by this Act, |
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applies to a cause of action arising out of a design, plan, or |
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inspection of the construction of an improvement to real property |
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or equipment attached to real property that commences on or after |
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the effective date of this Act. Section 16.008, Civil Practice and |
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Remedies Code, as amended by this Act, does not apply to a cause of |
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action arising out of a design, plan, or inspection that commences |
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on or after the effective date of this Act under a contract entered |
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into before that date. |
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(b) A cause of action arising out of a design, plan, or |
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inspection of the construction of an improvement to real property |
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or equipment attached to real property that commenced before the |
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effective date of this Act or arising out of a design, plan, or |
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inspection of the construction of an improvement to real property |
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or equipment attached to real property that commences on or after |
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the effective date of this Act under a contract entered into before |
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that date is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. (a) Except as provided by this section, Section |
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16.009, Civil Practice and Remedies Code, as amended by this Act, |
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applies to a cause of action arising out of construction or repair |
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of an improvement to real property that commences on or after the |
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effective date of this Act. Section 16.009, Civil Practice and |
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Remedies Code, as amended by this Act, does not apply to a cause of |
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action arising out of construction or repair of an improvement to |
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real property that commences on or after the effective date of this |
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Act under a contract entered into before that date. |
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(b) A cause of action arising out of construction or repair |
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of an improvement to real property that commenced before the |
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effective date of this Act or arising out of construction or repair |
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of an improvement to real property that commences on or after the |
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effective date of this Act under a contract entered into before that |
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date is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |