81R10106 TJS-F
By: Wentworth S.B. No. 2141
A BILL TO BE ENTITLED
AN ACT
relating to the statute of repose for engineers and architects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.008(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Notwithstanding any other law, a [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.
SECTION 2. Section 33.004(e), Civil Practice and Remedies
Code, is amended to read as follows:
(e) If a person is designated under this section as a
responsible third party, a claimant is not barred by limitations
from seeking to join that person, even though such joinder would
otherwise be barred by limitations, if the claimant seeks to join
that person not later than 60 days after that person is designated
as a responsible third party. This subsection does not apply to a
claim that is barred by Section 16.008(a).
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law as it existed immediately before
that date, and that law is continued in effect for that purpose.
SECTION 4. 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, 2009.