| 1 | 1 | | 81R10106 TJS-F |
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| 2 | 2 | | By: Wentworth S.B. No. 2141 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the statute of repose for engineers and architects. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 16.008(a), Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | (a) Notwithstanding any other law, a [A] person must bring |
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| 12 | 12 | | suit for damages for a claim listed in Subsection (b) against a |
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| 13 | 13 | | registered or licensed architect, engineer, interior designer, or |
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| 14 | 14 | | landscape architect in this state, who designs, plans, or inspects |
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| 15 | 15 | | the construction of an improvement to real property or equipment |
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| 16 | 16 | | attached to real property, not later than 10 years after the |
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| 17 | 17 | | substantial completion of the improvement or the beginning of |
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| 18 | 18 | | operation of the equipment in an action arising out of a defective |
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| 19 | 19 | | or unsafe condition of the real property, the improvement, or the |
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| 20 | 20 | | equipment. |
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| 21 | 21 | | SECTION 2. Section 33.004(e), Civil Practice and Remedies |
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| 22 | 22 | | Code, is amended to read as follows: |
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| 23 | 23 | | (e) If a person is designated under this section as a |
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| 24 | 24 | | responsible third party, a claimant is not barred by limitations |
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| 25 | 25 | | from seeking to join that person, even though such joinder would |
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| 26 | 26 | | otherwise be barred by limitations, if the claimant seeks to join |
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| 27 | 27 | | that person not later than 60 days after that person is designated |
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| 28 | 28 | | as a responsible third party. This subsection does not apply to a |
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| 29 | 29 | | claim that is barred by Section 16.008(a). |
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| 30 | 30 | | SECTION 3. The change in law made by this Act applies only |
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| 31 | 31 | | to a cause of action that accrues on or after the effective date of |
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| 32 | 32 | | this Act. A cause of action that accrues before the effective date |
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| 33 | 33 | | of this Act is governed by the law as it existed immediately before |
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| 34 | 34 | | that date, and that law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 4. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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