BILL ANALYSIS

 

 

Senate Research Center

H.B. 1922

89R1351 AJA-F

By: Dean et al. (Middleton)

 

Business & Commerce

 

5/6/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Texas' right to repair statute was designed to provide a clear and fair process for contractors to address construction defects before litigation. However, an ambiguity in the accrual date for defect claims has created inconsistencies in its application. Currently, the statute does not clearly define when the accrual period begins, leading to uncertainty for contractors and property owners. Without a uniform standard, courts have issued conflicting interpretations, resulting in unexpected liability, increased legal disputes, and higher costs for all parties involved.

H.B. 1922 establishes a uniform accrual date for defect claims, ensuring that all parties understand when the statute of limitations begins. This bill removes ambiguity and creates consistency, reducing unnecessary litigation and ensuring a fair and efficient resolution process. Defining the accrual date would protect contractors from prolonged liability while preserving the ability of property owners to bring legitimate claims. By closing this loophole, H.B. 1922 strengthens Texas' right to repair protection and fosters a more predictable legal environment for the construction industry. 

 

H.B. 1922 amends current law relating to the accrual of a cause of action for purposes of certain laws governing certain construction liability claims.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 2272, Government Code, by adding Section 2272.010, as follows:

 

Sec. 2272.010.� ACCRUAL OF CAUSE OF ACTION.� Provides that, for purposes of Chapter 2272 (Certain Construction Liability Claims) only, a cause of action accrues on the date the report required by Section 2272.003 (Report) is postmarked by the United States Postal Service. Provides that, for all other purposes, including the date of an occurrence under an applicable insurance policy and the date a cause of action accrues for purposes of determining whether the action is barred by a statute of limitations or repose, the date of the accrual of a cause of action is unaffected by this section.

 

SECTION 2.� Effective date: September 1, 2025.