The text as introduced · 880 words
89R2163 MZM-F
By: Leach
H.B. No. 3223
A BILL TO BE ENTITLED
AN ACT
relating to statutes of limitation and repose for certain claims
involving the construction or repair of an improvement to real
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.008(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) A [ Except as provided by Subsection (a-1), 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 [ 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.
(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) applies ].
SECTION 2. Sections 16.009(a), (c), and (d), Civil Practice
and Remedies Code, are amended 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 eight [ 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.
(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 ].
(d) If the damage, injury, or death occurs during the last
year of the applicable limitations period, the claimant may bring
suit not later than one year [ two years ] after the day the cause of
action accrues.
SECTION 3. Sections 16.008(a-1) and 16.009(a-1), Civil
Practice and Remedies Code, are repealed.
SECTION 4. (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 5. (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 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 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 construction or repair
of an improvement to real property that commenced before the
effective date of this Act or arising out of 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 6. This Act takes effect September 1, 2025.
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