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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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involving the construction or repair of an improvement to real |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.008(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) A [Except as provided by Subsection (a-1), a] person |
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must bring suit for damages for a claim listed in Subsection (b) |
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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 eight [10] |
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years after the substantial completion of the improvement or the |
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beginning of operation of the equipment in an action arising out of |
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a defective or unsafe condition of the real property, the |
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improvement, or the equipment. |
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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, |
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for a claim to which Subsection (a) applies; or |
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[(2)] one year from the date the claim is presented[, |
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for a claim to which Subsection (a-1) applies]. |
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SECTION 2. Sections 16.009(a), (c), and (d), Civil Practice |
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and Remedies Code, are amended 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 eight [10] years after |
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the substantial completion of the improvement in an action arising |
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out 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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(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[, |
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for a claim to which Subsection (a-1) or (a-2) applies]. |
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(d) If the damage, injury, or death occurs during the last |
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year of the applicable limitations period, the claimant may bring |
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suit not later than one year [two years] after the day the cause of |
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action accrues. |
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SECTION 3. Sections 16.008(a-1) and 16.009(a-1), Civil |
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Practice and Remedies Code, are repealed. |
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SECTION 4. (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 5. (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 6. This Act takes effect September 1, 2025. |