| 1 | 1 | | 84R4667 AJA-D |
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| 2 | 2 | | By: Workman H.B. No. 1784 |
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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 damages in an action arising out of a deficiency in the |
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| 8 | 8 | | construction or repair of an improvement to real property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 41, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Section 41.015 to read as follows: |
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| 12 | 12 | | Sec. 41.015. DAMAGES FOR CONSTRUCTION DEFECT. (a) In this |
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| 13 | 13 | | section, "construction defect" means a deficiency in the |
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| 14 | 14 | | construction or repair of an improvement to real property. |
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| 15 | 15 | | (b) This section applies only to a claim asserted by a |
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| 16 | 16 | | person to recover the actual costs incurred in curing a |
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| 17 | 17 | | construction defect from the person who originally designed, |
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| 18 | 18 | | administered, constructed, or repaired an improvement to real |
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| 19 | 19 | | property. |
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| 20 | 20 | | (c) This section applies to a claim regardless of whether |
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| 21 | 21 | | the claim is asserted by a person who contracted for the |
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| 22 | 22 | | construction or repair. |
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| 23 | 23 | | (d) The amount of actual damages for the cost to cure a |
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| 24 | 24 | | construction defect that might otherwise be awarded in a claim |
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| 25 | 25 | | subject to this section is reduced by 10 percent for each |
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| 26 | 26 | | anniversary of the date of substantial completion of the |
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| 27 | 27 | | construction or repair that occurs before the date the action |
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| 28 | 28 | | asserting the claim is filed. An award of exemplary damages, |
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| 29 | 29 | | multiplied damages, or other damages that is computed on the basis |
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| 30 | 30 | | of the amount awarded as damages for the cost to cure the |
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| 31 | 31 | | construction defect must reflect any reduction of that amount under |
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| 32 | 32 | | this section. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to construction or repair of an improvement to real property |
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| 35 | 35 | | commenced on or after the effective date of this Act under a |
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| 36 | 36 | | contract entered into on or after the effective date of this Act. |
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| 37 | 37 | | Construction or repair of an improvement to real property under a |
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| 38 | 38 | | contract entered into before the effective date of this Act is |
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| 39 | 39 | | governed by the law in effect immediately before the effective date |
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| 40 | 40 | | of this Act, and that law is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2015. |
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