LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 24, 2015 TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1784 by Workman (Relating to damages in an action arising out of a deficiency in the construction or repair of an improvement to real property.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code regarding damages in an action for a deficiency in the construction or repair of a real property improvement. The bill would provide that the amount of actual damages that may be recovered from the person who originally designed, constructed, or repaired an improvement on real property would be reduced ten percent per year between the substantial completion of the construction or repair and the date that the action was filed. In addition, the bill would provide that any award of exemplary or multiplied damages based on the cost to cure the construction defect would also reflect the ten percent reduction per year. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, FR, GDz
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
April 24, 2015
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1784 by Workman (Relating to damages in an action arising out of a deficiency in the construction or repair of an improvement to real property.), As Introduced
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1784 by Workman (Relating to damages in an action arising out of a deficiency in the construction or repair of an improvement to real property.), As Introduced
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1784 by Workman (Relating to damages in an action arising out of a deficiency in the construction or repair of an improvement to real property.), As Introduced
HB1784 by Workman (Relating to damages in an action arising out of a deficiency in the construction or repair of an improvement to real property.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code regarding damages in an action for a deficiency in the construction or repair of a real property improvement. The bill would provide that the amount of actual damages that may be recovered from the person who originally designed, constructed, or repaired an improvement on real property would be reduced ten percent per year between the substantial completion of the construction or repair and the date that the action was filed. In addition, the bill would provide that any award of exemplary or multiplied damages based on the cost to cure the construction defect would also reflect the ten percent reduction per year. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, FR, GDz
UP, FR, GDz