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A BILL TO BE ENTITLED
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AN ACT
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relating to statutes of limitation and repose for certain claims |
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arising out of residential construction. |
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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 Subsections (a) and (c) and adding |
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Subsections (a-2) and (a-3) to read as follows: |
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(a) Except as provided by Subsection (a-1) or (a-2), a |
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person must bring suit for damages for a claim listed in Subsection |
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(b) against a registered or licensed architect, engineer, interior |
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designer, or landscape architect in this state, who designs, plans, |
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or inspects the construction of an improvement to real property or |
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equipment attached to real property, not later than 10 years after |
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the 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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(a-2) With respect to any claim arising out of the design, |
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planning, or inspection of a new residence, of an alteration of or |
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repair or addition to an existing residence, or of an appurtenance |
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to a residence, 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 eight 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-3) For purposes of Subsection (a-2), "residence" has the |
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meaning assigned by Section 27.001, Property Code. |
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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 limitations |
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period, the period is extended for: |
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(1) two years from the date the claim is presented, for |
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a claim to which Subsection (a) applies; or |
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(2) one year from the date the claim is presented, for |
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a claim to which Subsection (a-1) or (a-2) applies. |
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SECTION 2. Section 16.009, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (c) and adding |
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Subsections (a-2), (a-3), and (a-4) to read as follows: |
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(a) Except as provided by Subsection (a-1) or (a-2), a |
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claimant must bring suit for damages for a claim listed in |
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Subsection (b) against a person who constructs or repairs an |
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improvement to real property not later than 10 years after the |
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substantial completion of the improvement in an action arising out |
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of a defective or unsafe condition of the real property or a |
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deficiency in the construction or repair of the improvement. |
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(a-2) Except as provided by this subsection, with respect to |
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any claim arising out of the design, construction, or repair of a |
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new residence, of an alteration of or repair or addition to an |
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existing residence, or of an appurtenance to a residence, a |
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claimant must bring suit for damages for a claim listed in |
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Subsection (b) against a person who constructs or repairs an |
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improvement to real property not later than eight years after the |
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substantial completion of the improvement in an action arising out |
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of a defective or unsafe condition of the real property or a |
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deficiency in the construction or repair of the improvement. If the |
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person being sued is a contractor who has provided a written |
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warranty for the residence that complies with Subsection (a-3), the |
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claimant must bring the suit not later than five years after the |
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substantial completion of the improvement. |
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(a-3) For purposes of Subsection (a-2), a written warranty |
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must provide a minimum period of: |
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(1) one year for workmanship and materials; |
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(2) two years for plumbing, electrical, heating, and |
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air-conditioning delivery systems; and |
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(3) five years for major structural components. |
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(a-4) For purposes of Subsection (a-2), "contractor" and |
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"residence" have the meanings assigned by Section 27.001, Property |
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Code. |
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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 limitations |
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period, the period is extended for: |
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(1) two years from the date the claim is presented, for |
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a claim to which Subsection (a) applies; or |
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(2) one year from the date the claim is presented, for |
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a claim to which Subsection (a-1) or (a-2) applies. |
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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 the design, |
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construction, or repair of an improvement to real property that |
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commences on or after the effective date of this Act. Section |
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16.009, Civil Practice and Remedies Code, as amended by this Act, |
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does not apply to a cause of action arising out of the design, |
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construction, or repair of an improvement to real property that |
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commences on or after the effective date of this Act under a |
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contract entered into before that date. |
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(b) A cause of action arising out of the design, |
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construction, or repair of an improvement to real property that |
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commenced before the effective date of this Act or arising out of |
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the design, construction, or repair of an improvement to real |
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property that commences on or after the effective date of this Act |
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under a contract entered into before that date is governed by the |
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law applicable to the cause of action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. 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, 2023. |