Texas 2009 - 81st Regular

Texas House Bill HB2095 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4908 BEF-F
2	2	By: Farrar H.B. No. 2095
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of and claims against residential home
8	8	builders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. CHANGES TO TEXAS RESIDENTIAL
11	11	CONSTRUCTION COMMISSION ACT
12	12	SECTION 1.01. Section 401.003(a), Property Code, is amended
13	13	to read as follows:
14	14	(a) In this title, "builder" means any person who, for a
15	15	fixed price, commission, fee, wage, or other compensation, sells,
16	16	constructs, or supervises or manages the construction of, or
17	17	contracts for the construction of or the supervision or management
18	18	of the construction of:
19	19	(1) a new home;
20	20	(2) a material improvement to a home, other than an
21	21	improvement solely to replace or repair a roof of an existing home;
22	22	or
23	23	(3) an improvement to the interior of an existing home
24	24	[when the cost of the work exceeds $10,000].
25	25	SECTION 1.02. Chapter 401, Property Code, is amended by
26	26	adding Section 401.008 to read as follows:
27	27	Sec. 401.008. HOMEOWNER FEES NOT REQUIRED. A homeowner may
28	28	not be charged a fee in connection with:
29	29	(1) filing a complaint with the commission;
30	30	(2) a state-sponsored inspection or dispute
31	31	resolution process;
32	32	(3) an arbitration required by this title; or
33	33	(4) a complaint, request, or other proceeding under
34	34	Chapter 409 or Subtitle D or E.
35	35	SECTION 1.03. Section 406.001(a), Property Code, is amended
36	36	to read as follows:
37	37	(a) The Texas Residential Construction Commission consists
38	38	of nine members appointed by the governor with the advice and
39	39	consent of the senate as follows:
40	40	(1) four members must be builders who each hold a
41	41	certificate of registration under Chapter 416;
42	42	(2) three members must be representatives of the
43	43	general public who have consistently shown an interest in consumer
44	44	protection;
45	45	(3) one member must be a licensed professional
46	46	engineer who practices in the area of residential construction; and
47	47	(4) one member must be either a licensed architect who
48	48	practices in the area of residential construction or a building
49	49	inspector who meets the requirements set forth in Chapter 427 and
50	50	practices in the area of residential construction.
51	51	SECTION 1.04. Section 416.004, Property Code, is amended by
52	52	amending Subsections (a) and (b), and adding Subsection (a-1) to
53	53	read as follows:
54	54	(a) The commission shall charge and collect:
55	55	(1) a filing fee for an application for an original
56	56	certificate of registration of at least [that does not exceed]
57	57	$500;
58	58	(2) a fee for renewal of a certificate of registration
59	59	of at least [that does not exceed] $300; and
60	60	(3) a late fee that does not exceed the amount of the
61	61	fee due if payment of a registration application or renewal fee due
62	62	under this title is late.
63	63	(a-1) A fee charged under Subsection (a) applies to each
64	64	builder, including a corporation, limited liability company,
65	65	partnership, limited partnership, limited liability partnership,
66	66	sole proprietor, and any subsidiary of those persons.
67	67	(b) The commission shall establish a fee schedule that takes
68	68	into consideration the unit volume or dollar volume of potential
69	69	applicants. The commission may raise registration and renewal fees
70	70	as necessary to provide public service in connection with
71	71	investigations of construction defect complaints filed by
72	72	homeowners under this title.
73	73	SECTION 1.05. Section 416.005, Property Code, is amended to
74	74	read as follows:
75	75	Sec. 416.005. GENERAL ELIGIBILITY REQUIREMENTS. A person
76	76	may not receive a certificate of registration under this chapter
77	77	unless:
78	78	(1) the person, at the time of the application:
79	79	(A) is at least 18 years of age; [and]
80	80	(B) is a citizen of the United States or a
81	81	lawfully admitted alien; and
82	82	(C) provides proof of financial responsibility
83	83	as required by Section 416.013; and
84	84	(2) the commission is satisfied with the person's
85	85	honesty, trustworthiness, and integrity based on information
86	86	supplied or discovered in connection with the person's application.
87	87	SECTION 1.06. Section 416.010(c), Property Code, is amended
88	88	to read as follows:
89	89	(c) If a builder operates under any name other than the name
90	90	that is set forth on the builder's certificate of registration, the
91	91	builder shall, within 20 [45] days of operating under this other
92	92	name, disclose this other name to the commission.
93	93	SECTION 1.07. Sections 416.011(a) and (b), Property Code,
94	94	are amended to read as follows:
95	95	(a) The commission shall establish rules and procedures for
96	96	a program through which a builder can be designated as a "Texas Star
97	97	Builder." A builder's participation in the program is mandatory
98	98	[voluntary] and is [not] a requirement for holding and renewing
99	99	[the issuance of] a certificate of registration required under this
100	100	chapter.
101	101	(b) A builder shall [who participates in this program will
102	102	be allowed to] represent to the public that the builder is a "Texas
103	103	Star Builder" and meets all of the requirements and qualifications
104	104	that are set forth by the commission for the program.
105	105	SECTION 1.08. Chapter 416, Property Code, is amended by
106	106	adding Sections 416.013 and 416.014 to read as follows:
107	107	Sec. 416.013. INSURANCE REQUIREMENTS. (a) To be eligible
108	108	for an original or renewal certificate of registration under this
109	109	chapter, a builder must provide proof of financial responsibility
110	110	to the commission by maintaining a general liability insurance
111	111	policy with a limit of at least $500,000.
112	112	(b) The commission may increase the insurance requirements
113	113	based on the builder's unit or dollar volume.
114	114	Sec. 416.014. BOND REQUIREMENT. A builder shall maintain a
115	115	surety bond for each construction project described by Section
116	116	401.003. The bond must:
117	117	(1) guarantee the builder's performance under the
118	118	builder's contract with the owner; and
119	119	(2) be issued in an amount not less than the fair
120	120	market value of the completed project if the project had no defects.
121	121	SECTION 1.09. Section 418.001, Property Code, is amended to
122	122	read as follows:
123	123	Sec. 418.001. GROUNDS FOR DISCIPLINARY ACTION. A person,
124	124	including a builder or a person who is designated as a builder's
125	125	agent under Section 416.006, or a person who owns or controls a
126	126	majority ownership interest in the builder is subject to
127	127	disciplinary action under this chapter for:
128	128	(1) fraud or deceit in obtaining a registration or
129	129	certification under this subtitle;
130	130	(2) misappropriation or misapplication of trust funds
131	131	in the practice of residential construction, including a violation
132	132	of Chapter 32, Penal Code, or Chapter 162, if found by a final
133	133	nonappealable court judgment;
134	134	(3) naming false consideration in a contract to sell a
135	135	new home or in a construction contract;
136	136	(4) discriminating on the basis of race, color,
137	137	religion, sex, national origin, or ancestry;
138	138	(5) publishing a false or misleading advertisement;
139	139	(6) failure to honor, within a reasonable time, a
140	140	check issued to the commission, or any other instrument of payment,
141	141	including a credit or debit card or electronic funds transfer,
142	142	after the commission has sent by certified mail a request for
143	143	payment to the person's last known business address, according to
144	144	commission records;
145	145	(7) failure to pay an administrative penalty assessed
146	146	by the commission under Chapter 419 or a fee due under Chapter 426;
147	147	(8) failure to pay a final nonappealable court
148	148	judgment arising from a construction defect or other transaction
149	149	between the person and a homeowner;
150	150	(9) failure to register a home as required by Section
151	151	426.003;
152	152	(10) failure to remit the fee for registration of a
153	153	home under Section 426.003;
154	154	(11) failure to reimburse a homeowner the amount
155	155	ordered by the commission as provided by Section 428.004(d);
156	156	(12) engaging in statutory or common-law fraud or
157	157	misappropriation of funds, as determined by the commission after a
158	158	hearing under Section 418.003;
159	159	(13) a repeated failure to participate in the
160	160	state-sponsored inspection and dispute resolution process if
161	161	required by this title;
162	162	(14) failure to register as a builder as required
163	163	under Chapter 416;
164	164	(15) using or attempting to use a certificate of
165	165	registration that has expired or that has been revoked;
166	166	(16) falsely representing that the person holds a
167	167	certificate of registration issued under Chapter 416;
168	168	(17) acting as a builder using a name other than the
169	169	name or names disclosed to the commission;
170	170	(18) aiding, abetting, or conspiring with a person who
171	171	does not hold a certificate of registration to evade the provisions
172	172	of this title or rules adopted under this title, if found by a final
173	173	nonappealable court judgment;
174	174	(19) allowing the person's certificate of registration
175	175	to be used by another person;
176	176	(20) acting as an agent, partner, or associate of a
177	177	person who does not hold a certificate of registration with the
178	178	intent to evade the provisions of this title or rules adopted under
179	179	this title;
180	180	(21) a failure to reasonably perform on an accepted
181	181	offer to repair or a repeated failure to make an offer to repair
182	182	based on:
183	183	(A) the recommendation of a third-party
184	184	inspector under Section 428.004; or
185	185	(B) the final holding of an appeal under Chapter
186	186	429;
187	187	(22) a repeated failure to respond to a commission
188	188	request for information;
189	189	(23) a failure to obtain a building permit required by
190	190	a political subdivision before constructing a new home or an
191	191	improvement to an existing home;
192	192	(24) abandoning, without justification, any home
193	193	improvement contract or new home construction project engaged in or
194	194	undertaken by the person, if found to have done so by a final,
195	195	nonappealable court judgment;
196	196	(25) a repeated failure to comply with the
197	197	requirements of Subtitle F; [or]
198	198	(26) failure by the builder to complete a home under
199	199	the contract terms with a homeowner;
200	200	(27) failure by the builder to correct a failure to
201	201	comply with building codes or standards;
202	202	(28) failure by the builder to comply with
203	203	architectural drawings specified in a contract to build or purchase
204	204	a home;
205	205	(29) failure by the builder to comply with an
206	206	engineering design of a home, including the home's foundation;
207	207	(30) failure by the builder to satisfy a court
208	208	judgment or a judgment in a binding arbitration; or
209	209	(31) otherwise violating this title or a commission
210	210	rule adopted under this title.
211	211	SECTION 1.10. Section 426.001(b), Property Code, is amended
212	212	to read as follows:
213	213	(b) This subtitle does not apply to a dispute arising out
214	214	of:
215	215	(1) an alleged violation of Section 27.01, Business &
216	216	Commerce Code; or
217	217	(2) [a builder's wrongful abandonment of an
218	218	improvement project before completion; or
219	219	[(3)] a violation of Chapter 162.
220	220	SECTION 1.11. Sections 428.001(a), (b), and (d), Property
221	221	Code, are amended to read as follows:
222	222	(a) If a dispute between a homeowner and a builder arises
223	223	out of an alleged construction defect, the homeowner [or the
224	224	builder] may submit to the commission a written request for
225	225	state-sponsored inspection and dispute resolution.
226	226	(b) The request must:
227	227	(1) specify in reasonable detail each alleged
228	228	construction defect that is a subject of the request;
229	229	(2) state the amount of any known out-of-pocket
230	230	expenses and engineering or consulting fees incurred by the
231	231	homeowner in connection with each alleged construction defect; and
232	232	(3) [include any evidence that depicts the nature and
233	233	cause of each alleged construction defect and the nature and extent
234	234	of repairs necessary to remedy the construction defect, including,
235	235	if available, expert reports, photographs, and videotapes, if that
236	236	evidence would be discoverable under Rule 192, Texas Rules of Civil
237	237	Procedure;
238	238	[(4) be accompanied by the fees required under Section
239	239	426.004; and
240	240	[(5)] state the name of any person who has, on behalf
241	241	of the homeowner [requestor], inspected the home in connection with
242	242	an alleged construction defect.
243	243	(d) At the time a person submits a request under this
244	244	section, the person must send by certified mail, return receipt
245	245	requested, a copy of the request[, including evidence submitted
246	246	with the request,] to each other party involved in the dispute.
247	247	SECTION 1.12. Section 428.002(a), Property Code, is amended
248	248	to read as follows:
249	249	(a) In addition to the right of inspection provided by
250	250	Section 428.001(c), [at any time] before the conclusion of the
251	251	state-sponsored inspection and dispute resolution process and on
252	252	the builder's written request, the builder shall be given
253	253	reasonable opportunity to inspect the home that is the subject of
254	254	the request or have the home inspected to determine the nature and
255	255	cause of the construction defect and the nature and extent of
256	256	repairs necessary to remedy the construction defect.
257	257	SECTION 1.13. Sections 428.004(b) and (d), Property Code,
258	258	are amended to read as follows:
259	259	(b) If the dispute involves a structural matter in the home,
260	260	the commission shall appoint an approved engineer to be the
261	261	third-party inspector. The third-party inspector shall inspect the
262	262	home not later than the 15th [30th] day after the date the request
263	263	is submitted and issue a recommendation not later than the 30th
264	264	[60th] day after the date the third-party inspector receives the
265	265	assignment from the commission[, unless additional time is
266	266	requested by the third-party inspector or a party to the dispute.
267	267	The commission shall adopt rules governing the extension of time
268	268	under this subsection].
269	269	(d) Except as provided by this subsection, the third-party
270	270	inspector's recommendation may not include payment of any monetary
271	271	consideration. [If the inspector finds for the party who submitted
272	272	the request, the commission may order the other party to reimburse
273	273	all or part of the fees and inspection expenses paid by the
274	274	requestor under Section 426.004.]
275	275	SECTION 1.14. Section 429.001(c), Property Code, is amended
276	276	to read as follows:
277	277	(c) The panel shall:
278	278	(1) review the recommendation for compliance with this
279	279	title as required by rules adopted by the commission;
280	280	(2) approve, reject, or modify the recommendation of
281	281	the third-party inspector or remand the dispute for further action
282	282	by the third-party inspector; and
283	283	(3) issue written findings of fact and a ruling on the
284	284	appeal not later than the 15th [30th] day after the date the notice
285	285	of appeal is filed with the commission.
286	286	SECTION 1.15. Section 430.001(b), Property Code, is amended
287	287	to read as follows:
288	288	(b) The warranty periods shall be:
289	289	(1) two years [one year] for workmanship and
290	290	materials;
291	291	(2) two years for plumbing, electrical, heating, and
292	292	air-conditioning delivery systems; and
293	293	(3) 10 years for major structural components of the
294	294	home.
295	295	SECTION 1.16. Chapter 430, Property Code, is amended by
296	296	adding Section 430.0075 to read as follows:
297	297	Sec. 430.0075. FULL DISCLOSURE WITH INFORMED CONSENT. (a)
298	298	Before a contract may be executed between a builder and seller and a
299	299	buyer for construction of a new home and before money may be
300	300	exchanged between the parties to the contract, the builder and
301	301	seller must provide to the buyer a full disclosure and informed
302	302	consent document that meets the following requirements:
303	303	(1) the buyer must receive from the builder and seller
304	304	full disclosure of product installation, care and component
305	305	warranties, building standards, risks, and hazards of the
306	306	particular property and home to be purchased;
307	307	(2) the buyer must receive from the builder and seller
308	308	full disclosure in understandable terms of any mandatory
309	309	alternative dispute resolution provisions, including mandatory
310	310	binding arbitration, and the associated costs of the various
311	311	processes; and
312	312	(3) the buyer must consent in writing to accept the
313	313	terms of the builder's and seller's disclosures and provisions for
314	314	new home construction by signing and dating the consent document.
315	315	(b) The builder and seller shall fully disclose in writing:
316	316	(1) the products that are installed in the home;
317	317	(2) care and component warranties;
318	318	(3) building standards; and
319	319	(4) risks and hazards of the home.
320	320	SECTION 1.17. Section 430.008(a), Property Code, is amended
321	321	to read as follows:
322	322	(a) The commission may approve as a third-party warranty
323	323	company for the purposes of Section 430.009:
324	324	(1) [an entity that has operated warranty programs in
325	325	this state for at least five years;
326	326	[(2)] a company whose performance is insured by an
327	327	insurance company authorized to engage in the business of insurance
328	328	in this state; or
329	329	(2) [(3)] an insurance company that insures the
330	330	warranty obligations of a builder under the statutory warranty and
331	331	building and performance standards.
332	332	SECTION 1.18. Section 430.010, Property Code, is amended to
333	333	read as follows:
334	334	Sec. 430.010. MINIMUM STANDARDS FOR DETERMINATION OF
335	335	DEFECT. A third-party warranty company shall use defect inspection
336	336	procedures substantially similar to the procedures adopted by the
337	337	commission under this subtitle. A warranty company may adopt
338	338	warranty standards in addition to the standards adopted by the
339	339	commission. A third-party warranty company may not reduce the
340	340	limited statutory warranty and building and performance
341	341	standards[, except that a third-party warranty company shall not be
342	342	required to provide a warranty of habitability].
343	343	SECTION 1.19. Section 430.011(c), Property Code, is amended
344	344	to read as follows:
345	345	(c) Breach of a limited statutory warranty adopted by the
346	346	commission or breach of the statutory warranty of habitability is
347	347	[shall not, by itself, constitute] a violation of the Deceptive
348	348	Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17,
349	349	Business & Commerce Code).
350	350	SECTION 1.20. Sections 416.011(c), 426.004, 426.007,
351	351	426.008(b), 428.004(e), and 430.009(e), Property Code, are
352	352	repealed.
353	353	SECTION 1.21. (a) On the effective date of this Act, the
354	354	terms of the three public members of the Texas Residential
355	355	Construction Commission serving on that date expire.
356	356	(b) Not later than the 30th day after the effective date of
357	357	this Act, the governor shall appoint three members to the Texas
358	358	Residential Construction Commission to comply with Section
359	359	406.001(a), Property Code, as amended by this article, as follows:
360	360	(1) one member for a term expiring February 1, 2011;
361	361	(2) one member for a term expiring February 1, 2013;
362	362	and
363	363	(3) one member for a term expiring February 1, 2015.
364	364	SECTION 1.22. Not later than March 1, 2010, the Texas
365	365	Residential Construction Commission shall adopt any rules
366	366	necessary to implement the changes in law made by this article,
367	367	including Section 416.011, Property Code.
368	368	ARTICLE 2. CHANGES TO RESIDENTIAL CONSTRUCTION LIABILITY CHAPTER
369	369	SECTION 2.01. Section 27.002(d), Property Code, is amended
370	370	to read as follows:
371	371	(d) This chapter does not apply to an action to recover
372	372	damages that arise from:
373	373	(1) a violation of Section 27.01, Business & Commerce
374	374	Code; or
375	375	(2) [a contractor's wrongful abandonment of an
376	376	improvement project before completion; or
377	377	[(3)] a violation of Chapter 162.
378	378	SECTION 2.02. Sections 27.004(a), (b), (g), and (l),
379	379	Property Code, are amended to read as follows:
380	380	(a) In a claim not subject to Subtitle D, Title 16, before
381	381	the 60th day preceding the date a claimant seeking from a contractor
382	382	damages or other relief arising from a construction defect
383	383	initiates an action, the claimant shall give written notice by
384	384	certified mail, return receipt requested, to the contractor, at the
385	385	contractor's last known address, specifying in reasonable detail
386	386	the construction defects that are the subject of the complaint. [On
387	387	the request of the contractor, the claimant shall provide to the
388	388	contractor any evidence that depicts the nature and cause of the
389	389	defect and the nature and extent of repairs necessary to remedy the
390	390	defect, including expert reports, photographs, and videotapes, if
391	391	that evidence would be discoverable under Rule 192, Texas Rules of
392	392	Civil Procedure.] During the 20-day [35-day] period after the date
393	393	the contractor receives the notice, [and on the contractor's
394	394	written request,] the contractor shall be given a reasonable
395	395	opportunity to inspect and have inspected the property that is the
396	396	subject of the complaint to determine the nature and cause of the
397	397	defect and the nature and extent of repairs necessary to remedy the
398	398	defect. The contractor may take reasonable steps to document the
399	399	defect. In a claim subject to Subtitle D, Title 16, a contractor is
400	400	entitled to make an offer of repair in accordance with Subsection
401	401	(b). A claimant is not required to give written notice to a
402	402	contractor under this subsection in a claim subject to Subtitle D,
403	403	Title 16.
404	404	(b) Not later than the 15th day after the date of a final,
405	405	unappealable determination of a dispute under Subtitle D, Title 16,
406	406	if applicable, or not later than the 45th day after the date the
407	407	contractor receives the notice under this section, if Subtitle D,
408	408	Title 16, does not apply, the contractor may make a written offer of
409	409	settlement to the claimant. The offer must be sent to the claimant
410	410	at the claimant's last known address or to the claimant's attorney
411	411	by certified mail, return receipt requested. The offer may include
412	412	either an agreement by the contractor to repair or to have repaired
413	413	by an independent contractor partially or totally at the
414	414	contractor's expense or at a reduced rate to the claimant any
415	415	construction defect described in the notice and shall describe in
416	416	reasonable detail the kind of repairs which will be made. The
417	417	repairs shall be made not later than the 20th [45th] day after the
418	418	date the contractor receives written notice of acceptance of the
419	419	settlement offer, unless completion is delayed by the claimant or
420	420	by other events beyond the control of the contractor. If a
421	421	contractor makes a written offer of settlement that the claimant
422	422	considers to be unreasonable:
423	423	(1) on or before the 25th day after the date the
424	424	claimant receives the offer, the claimant shall advise the
425	425	contractor in writing and in reasonable detail of the reasons why
426	426	the claimant considers the offer unreasonable; and
427	427	(2) not later than the 10th day after the date the
428	428	contractor receives notice under Subdivision (1), the contractor
429	429	may make a supplemental written offer of settlement to the claimant
430	430	by sending the offer to the claimant or the claimant's attorney.
431	431	(g) In [Except as provided by Subsection (e), in] an action
432	432	subject to this chapter the claimant may recover only the following
433	433	economic damages proximately caused by a construction defect:
434	434	(1) the reasonable cost of repairs necessary to cure
435	435	any construction defect;
436	436	(2) the reasonable and necessary cost for the
437	437	replacement or repair of any damaged goods in the residence;
438	438	(3) reasonable and necessary engineering and
439	439	consulting fees;
440	440	(4) the reasonable expenses of temporary housing
441	441	reasonably necessary during the repair period;
442	442	(5) the reduction in current market value, if any,
443	443	after the construction defect is repaired if the construction
444	444	defect is a structural failure; and
445	445	(6) reasonable and necessary attorney's fees.
446	446	(l) If Subtitle D, Title 16, applies to the claim and the
447	447	contractor's offer of repair is accepted by the claimant, the
448	448	contractor, on completion of the repairs and at the contractor's
449	449	expense, shall engage the third-party inspector who provided the
450	450	recommendation regarding the construction defect involved in the
451	451	claim to inspect the repairs and determine whether the residence,
452	452	as repaired, complies with the applicable limited statutory
453	453	warranty and building and performance standards adopted by the
454	454	commission. [The contractor is entitled to a reasonable period not
455	455	to exceed 15 days to address minor cosmetic items that are necessary
456	456	to fully complete the repairs.] The determination of the
457	457	third-party inspector of whether the repairs comply with the
458	458	applicable limited statutory warranty and building and performance
459	459	standards adopted by the commission establishes a rebuttable
460	460	presumption on that issue. A party seeking to dispute, vacate, or
461	461	overcome that presumption must establish by clear and convincing
462	462	evidence that the determination is inconsistent with the applicable
463	463	limited statutory warranty and building and performance standards.
464	464	SECTION 2.03. Section 27.0042(c), Property Code, is amended
465	465	to read as follows:
466	466	(c) If a contractor elects to purchase the residence under
467	467	Subsection (a):
468	468	(1) the contractor shall pay the current market value
469	469	[original purchase price] of the residence determined as if the
470	470	residence did not have the construction defects, and closing costs
471	471	incurred by the homeowner and the cost of transferring title to the
472	472	contractor under the election;
473	473	(2) the homeowner may recover:
474	474	(A) reasonable and necessary attorney's and
475	475	expert fees as identified in Section 27.004(g);
476	476	(B) reimbursement for permanent improvements the
477	477	owner made to the residence after the date the owner purchased the
478	478	residence from the builder; and
479	479	(C) reasonable costs to move from the residence;
480	480	and
481	481	(3) conditioned on the payment of the purchase price,
482	482	the homeowner shall tender a special warranty deed to the
483	483	contractor, free of all liens and claims to liens as of the date the
484	484	title is transferred to the contractor, and without damage caused
485	485	by the homeowner.
486	486	SECTION 2.04. Sections 27.004(e) and (f), Property Code,
487	487	are repealed.
488	488	SECTION 2.05. The changes in law made by this article apply
489	489	only to a cause of action that accrues on or after the effective
490	490	date of this Act. A cause of action that accrues before the
491	491	effective date of this Act is governed by the law in effect
492	492	immediately before that date, and that law is continued in effect
493	493	for that purpose.
494	494	ARTICLE 3. EFFECTIVE DATE
495	495	SECTION 3.01. This Act takes effect September 1, 2009.