85R2317 AJA-D
By: Meyer H.B. No. 1053
A BILL TO BE ENTITLED
AN ACT
relating to statutes of repose for certain claims involving the
construction or repair of an improvement to real property or the
attachment of equipment to real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.008(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(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 five [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.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the architect, engineer, interior
designer, or landscape architect within the five-year [10-year]
limitations period, the period is extended for two years from the
day the claim is presented.
SECTION 2. Sections 16.009(a), (c), and (d), Civil Practice
and Remedies Code, are amended to read as follows:
(a) A claimant must bring suit for damages for a claim
listed in Subsection (b) against a person who constructs or repairs
an improvement to real property not later than five [10] years after
the substantial completion of the improvement in an action arising
out of a defective or unsafe condition of the real property or a
deficiency in the construction or repair of the improvement.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the person performing or furnishing
the construction or repair work during the five-year [10-year]
limitations period, the period is extended for two years from the
date the claim is presented.
(d) If the damage, injury, or death occurs during the fifth
[10th] year of the limitations period, the claimant may bring suit
not later than two years after the day the cause of action accrues.
SECTION 3. (a) Except as provided by this section, Section
16.008, Property Code, as amended by this Act, applies to a cause of
action arising out of a design, plan, or inspection of the
construction of an improvement to real property or equipment
attached to real property that commences on or after the effective
date of this Act. Section 16.008, Property Code, as amended by this
Act, does not apply to a cause of action arising out of a design,
plan, or inspection that commences on or after the effective date of
this Act under a contract entered into before that date.
(b) A cause of action arising out of a design, plan, or
inspection of the construction of an improvement to real property
or equipment attached to real property that commenced before the
effective date of this Act or arising out of a design, plan, or
inspection of the construction of an improvement to real property
or equipment attached to real property that commences on or after
the effective date of this Act under a contract entered into before
that date is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. (a) Except as provided by this section, Section
16.009, Property Code, as amended by this Act, applies to a cause of
action arising out of construction or repair of an improvement to
real property that commences on or after the effective date of this
Act. Section 16.009, Property Code, as amended by this Act, does
not apply to a cause of action arising out of construction or repair
of an improvement to real property that commences on or after the
effective date of this Act under a contract entered into before that
date.
(b) A cause of action arising out of construction or repair
of an improvement to real property that commenced before the
effective date of this Act or arising out of construction or repair
of an improvement to real property that commences on or after the
effective date of this Act under a contract entered into before that
date is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.