Texas Senate Bill SB2141

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/1/09
• Voted on by Senate: 5/12/09
• Out of House Committee: 5/23/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Vetoed: 6/19/09

Caption

Relating to the statute of repose for engineers and architects.

Impact

The bill's impact on state laws is significant as it standardizes the limit within which claims must be filed against registered architects and engineers. By enacting a statute of repose, the legislation not only protects professionals from prolonged exposure to liability but also encourages more efficient risk management practices within the construction industry. This change is expected to help foster a more stable business environment, as the specter of uncertain legal claims may deter investment in large projects.

Summary

SB2141 aims to amend the statute of repose that governs claims against architects, engineers, and other related professionals in Texas. The legislation specifies that any lawsuit for damages resulting from a defective or unsafe condition must be initiated within ten years after the substantial completion of construction or operation of connected equipment. This provision is intended to create a clear time frame for seeking legal recourse, thereby providing stability for professionals in the field who may otherwise face indefinite liability.

Contention

Notable points of contention surrounding SB2141 arise from concerns about the rights of property owners and those affected by potential construction defects. Critics argue that a ten-year limit may be insufficient for some latent defects that may not manifest until a later time, potentially leaving property owners without recourse. Moreover, there are apprehensions about the balance of protecting professionals versus safeguarding the interests of consumers. These tensions highlight ongoing discussions about the appropriate limits of legal liability and the responsibilities of design professionals.