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A BILL TO BE ENTITLED
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AN ACT
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relating to certain construction liability claims concerning |
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public buildings and public works. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2272.002(b), Government Code, is amended |
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to read as follows: |
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(b) This chapter does not apply to: |
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(1) a claim for personal injury, survival, or wrongful |
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death; |
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(2) a claim involving the construction of residential |
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property covered under Chapter 27, Property Code; |
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(3) a contract entered into by the Texas Department of |
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Transportation; or |
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(4) a project that receives money from a state or |
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federal highway fund[; or |
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[(5) a civil works project as defined by Section |
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2269.351]. |
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SECTION 2. Chapter 2272, Government Code, is amended by |
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adding Section 2272.0025 to read as follows: |
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Sec. 2272.0025. WAIVER PROHIBITED. This chapter may not be |
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waived. A purported waiver of this chapter in violation of this |
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section is void. |
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SECTION 3. 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 under a contract entered into on or after the effective |
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date of this Act. A cause of action that accrued before the |
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effective date of this Act or that accrues on or after the effective |
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date of this Act under a contract entered into before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |