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A BILL TO BE ENTITLED
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AN ACT
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relating to statutes of repose for certain claims involving the |
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construction or repair of an improvement to real property or the |
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attachment of equipment to real 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 person must bring suit for damages for a claim listed |
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in Subsection (b) against a registered or licensed architect, |
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engineer, interior designer, or landscape architect in this state, |
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who designs, plans, or inspects the construction of an improvement |
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to real property or equipment attached to real property, not later |
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than five [10] years after the substantial completion of the |
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improvement or the beginning of operation of the equipment in an |
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action arising out of a defective or unsafe condition of the real |
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property, the 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 five-year [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. 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) A claimant 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 five [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 five-year [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 fifth |
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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, Property Code, as amended by this Act, applies to a cause of |
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action arising out of a design, plan, or inspection of the |
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construction of an improvement to real property or equipment |
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attached to real property that commences on or after the effective |
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date of this Act. Section 16.008, Property Code, as amended by this |
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Act, does not apply to a cause of action arising out of a design, |
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plan, or inspection that commences on or after the effective date of |
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this Act under a contract entered 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, Property Code, as amended by this Act, applies 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. Section 16.009, Property Code, as amended by this Act, does |
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not apply 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 under a contract entered into before that |
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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, 2017. |