By: Wentworth S.B. No. 2141
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on State Affairs; May 1, 2009,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 9, Nays 0; May 1, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2141 By: Lucio
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, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(d) 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.
(d) This section is a statute of repose. Sections 33.004(a)
and (e) do not apply to a claim barred by this section.
SECTION 2. 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 3. 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.
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