Texas 2017 - 85th Regular

Texas House Bill HB1053 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2317 AJA-D
2	2	By: Meyer H.B. No. 1053
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to statutes of repose for certain claims involving the
8	8	construction or repair of an improvement to real property or the
9	9	attachment of equipment to real property.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 16.008(a) and (c), Civil Practice and
12	12	Remedies Code, are amended to read as follows:
13	13	(a) A person must bring suit for damages for a claim listed
14	14	in Subsection (b) against a registered or licensed architect,
15	15	engineer, interior designer, or landscape architect in this state,
16	16	who designs, plans, or inspects the construction of an improvement
17	17	to real property or equipment attached to real property, not later
18	18	than five [10] years after the substantial completion of the
19	19	improvement or the beginning of operation of the equipment in an
20	20	action arising out of a defective or unsafe condition of the real
21	21	property, the improvement, or the equipment.
22	22	(c) If the claimant presents a written claim for damages,
23	23	contribution, or indemnity to the architect, engineer, interior
24	24	designer, or landscape architect within the five-year [10-year]
25	25	limitations period, the period is extended for two years from the
26	26	day the claim is presented.
27	27	SECTION 2. Sections 16.009(a), (c), and (d), Civil Practice
28	28	and Remedies Code, are amended to read as follows:
29	29	(a) A claimant must bring suit for damages for a claim
30	30	listed in Subsection (b) against a person who constructs or repairs
31	31	an improvement to real property not later than five [10] years after
32	32	the substantial completion of the improvement in an action arising
33	33	out of a defective or unsafe condition of the real property or a
34	34	deficiency in the construction or repair of the improvement.
35	35	(c) If the claimant presents a written claim for damages,
36	36	contribution, or indemnity to the person performing or furnishing
37	37	the construction or repair work during the five-year [10-year]
38	38	limitations period, the period is extended for two years from the
39	39	date the claim is presented.
40	40	(d) If the damage, injury, or death occurs during the fifth
41	41	[10th] year of the limitations period, the claimant may bring suit
42	42	not later than two years after the day the cause of action accrues.
43	43	SECTION 3. (a) Except as provided by this section, Section
44	44	16.008, Property Code, as amended by this Act, applies to a cause of
45	45	action arising out of a design, plan, or inspection of the
46	46	construction of an improvement to real property or equipment
47	47	attached to real property that commences on or after the effective
48	48	date of this Act. Section 16.008, Property Code, as amended by this
49	49	Act, does not apply to a cause of action arising out of a design,
50	50	plan, or inspection that commences on or after the effective date of
51	51	this Act under a contract entered into before that date.
52	52	(b) A cause of action arising out of a design, plan, or
53	53	inspection of the construction of an improvement to real property
54	54	or equipment attached to real property that commenced before the
55	55	effective date of this Act or arising out of a design, plan, or
56	56	inspection of the construction of an improvement to real property
57	57	or equipment attached to real property that commences on or after
58	58	the effective date of this Act under a contract entered into before
59	59	that date is governed by the law applicable to the cause of action
60	60	immediately before the effective date of this Act, and that law is
61	61	continued in effect for that purpose.
62	62	SECTION 4. (a) Except as provided by this section, Section
63	63	16.009, Property Code, as amended by this Act, applies to a cause of
64	64	action arising out of construction or repair of an improvement to
65	65	real property that commences on or after the effective date of this
66	66	Act. Section 16.009, Property Code, as amended by this Act, does
67	67	not apply to a cause of action arising out of construction or repair
68	68	of an improvement to real property that commences on or after the
69	69	effective date of this Act under a contract entered into before that
70	70	date.
71	71	(b) A cause of action arising out of construction or repair
72	72	of an improvement to real property that commenced before the
73	73	effective date of this Act or arising out of construction or repair
74	74	of an improvement to real property that commences on or after the
75	75	effective date of this Act under a contract entered into before that
76	76	date is governed by the law applicable to the cause of action
77	77	immediately before the effective date of this Act, and that law is
78	78	continued in effect for that purpose.
79	79	SECTION 5. This Act takes effect September 1, 2017.