Bill Text: TX SB939 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to statutes of limitation and repose for certain claims arising out of residential construction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to Business & Commerce [SB939 Detail]

Download: Texas-2023-SB939-Introduced.html
  88R2254 AJA-F
 
  By: King S.B. No. 939
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to statutes of limitation and repose for certain claims
  arising out of residential construction.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.008, Civil Practice and Remedies
  Code, is amended by amending Subsections (a) and (c) and adding
  Subsections (a-2) and (a-3) to read as follows:
         (a)  Except as provided by Subsection (a-1) or (a-2), a
  person must bring suit for damages for a claim listed in Subsection
  (b) against a registered or licensed architect, engineer, interior
  designer, or landscape architect in this state, who designs, plans,
  or inspects the construction of an improvement to real property or
  equipment attached to real property, not later than 10 years after
  the substantial completion of the improvement or the beginning of
  operation of the equipment in an action arising out of a defective
  or unsafe condition of the real property, the improvement, or the
  equipment.
         (a-2)  With respect to any claim arising out of the design,
  planning, or inspection of a new residence, of an alteration of or
  repair or addition to an existing residence, or of an appurtenance
  to a residence, a person must bring suit for damages for a claim
  listed in Subsection (b) against a registered or licensed
  architect, engineer, interior designer, or landscape architect in
  this state, who designs, plans, or inspects the construction of an
  improvement to real property or equipment attached to real
  property, not later than eight years after the substantial
  completion of the improvement or the beginning of operation of the
  equipment in an action arising out of a defective or unsafe
  condition of the real property, the improvement, or the equipment.
         (a-3)  For purposes of Subsection (a-2), "residence" has the
  meaning assigned by Section 27.001, Property Code.
         (c)  If the claimant presents a written claim for damages,
  contribution, or indemnity to the architect, engineer, interior
  designer, or landscape architect within the applicable limitations
  period, the period is extended for:
               (1)  two years from the date the claim is presented, for
  a claim to which Subsection (a) applies; or
               (2)  one year from the date the claim is presented, for
  a claim to which Subsection (a-1) or (a-2) applies.
         SECTION 2.  Section 16.009, Civil Practice and Remedies
  Code, is amended by amending Subsections (a) and (c) and adding
  Subsections (a-2), (a-3), and (a-4) to read as follows:
         (a)  Except as provided by Subsection (a-1) or (a-2), a
  claimant must bring suit for damages for a claim listed in
  Subsection (b) against a person who constructs or repairs an
  improvement to real property not later than 10 years after the
  substantial completion of the improvement in an action arising out
  of a defective or unsafe condition of the real property or a
  deficiency in the construction or repair of the improvement.
         (a-2)  Except as provided by this subsection, with respect to
  any claim arising out of the design, construction, or repair of a
  new residence, of an alteration of or repair or addition to an
  existing residence, or of an appurtenance to a residence, a
  claimant must bring suit for damages for a claim listed in
  Subsection (b) against a person who constructs or repairs an
  improvement to real property not later than eight years after the
  substantial completion of the improvement in an action arising out
  of a defective or unsafe condition of the real property or a
  deficiency in the construction or repair of the improvement. If the
  person being sued is a contractor who has provided a written
  warranty for the residence that complies with Subsection (a-3), the
  claimant must bring the suit not later than five years after the
  substantial completion of the improvement.
         (a-3)  For purposes of Subsection (a-2), a written warranty
  must provide a minimum period of:
               (1)  one year for workmanship and materials; 
               (2)  two years for plumbing, electrical, heating, and
  air-conditioning delivery systems; and 
               (3)  five years for major structural components.
         (a-4)  For purposes of Subsection (a-2), "contractor" and
  "residence" have the meanings assigned by Section 27.001, Property
  Code.
         (c)  If the claimant presents a written claim for damages,
  contribution, or indemnity to the person performing or furnishing
  the construction or repair work during the applicable limitations
  period, the period is extended for:
               (1)  two years from the date the claim is presented, for
  a claim to which Subsection (a) applies; or
               (2)  one year from the date the claim is presented, for
  a claim to which Subsection (a-1) or (a-2) applies.
         SECTION 3.  (a)  Except as provided by this section, Section
  16.008, Civil Practice and Remedies Code, as amended by this Act,
  applies to a cause of action arising out of a design, plan, or
  inspection of the construction of an improvement to real property
  or equipment attached to real property that commences on or after
  the effective date of this Act. Section 16.008, Civil Practice and
  Remedies Code, as amended by this Act, does not apply to a cause of
  action arising out of a design, plan, or inspection that commences
  on or after the effective date of this Act under a contract entered
  into before that date.
         (b)  A cause of action arising out of a design, plan, or
  inspection of the construction of an improvement to real property
  or equipment attached to real property that commenced before the
  effective date of this Act or arising out of a design, plan, or
  inspection of the construction of an improvement to real property
  or equipment attached to real property that commences on or after
  the effective date of this Act under a contract entered into before
  that date is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 4.  (a)  Except as provided by this section, Section
  16.009, Civil Practice and Remedies Code, as amended by this Act,
  applies to a cause of action arising out of the design,
  construction, or repair of an improvement to real property that
  commences on or after the effective date of this Act. Section
  16.009, Civil Practice and Remedies Code, as amended by this Act,
  does not apply to a cause of action arising out of the design,
  construction, or repair of an improvement to real property that
  commences on or after the effective date of this Act under a
  contract entered into before that date.
         (b)  A cause of action arising out of the design,
  construction, or repair of an improvement to real property that
  commenced before the effective date of this Act or arising out of
  the design, construction, or repair of an improvement to real
  property that commences on or after the effective date of this Act
  under a contract entered into before that date is governed by the
  law applicable to the cause of action immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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