By: Wray H.B. No. 1116
A BILL TO BE ENTITLED
AN ACT
relating to the limitations periods for certain suits against real
estate appraisers and appraisal firms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 16, Civil Practice and
Remedies Code, is amended by adding Section 16.013 to read as
follows:
Sec. 16.013. REAL ESTATE APPRAISERS AND APPRAISAL FIRMS.
(a) In this section:
(1) "Appraisal" has the meaning assigned by Section
1103.003, Occupations Code.
(2) "Appraisal review" has the meaning assigned by
Section 1104.003, Occupations Code.
(3) "Real estate appraisal firm" means an entity
engaging a real estate appraiser as an owner, member, shareholder,
partner, employee, or independent contractor to perform an
appraisal or appraisal review.
(4) "Real estate appraiser" means an individual
licensed or certified under Chapter 1103, Occupations Code.
(b) Except for a suit based on fraud or breach of contract, a
person must bring suit for damages or other relief arising from an
appraisal or appraisal review conducted by a real estate appraiser
or appraisal firm not later than the earlier of:
(1) two years after the day the person knew or should
have known the facts on which the action is based; or
(2) five years after the day the appraisal or
appraisal review was completed.
SECTION 2. Subchapter D, Chapter 154, Civil Practice and
Remedies Code, is amended by adding Section 154.074 to read as
follows:
Sec. 154.074. RESOLUTION OF DISPUTES BY CONTRACTUAL
APPRAISAL PROCESS. A party must invoke a contractual appraisal
process that resolves disputes over the amount of loss not later
than the 60th day after the date the party receives or submits, as
applicable, written notice of the dispute. The parties may invoke
the appraisal process after the period described by this section by
mutual agreement in a separate written agreement.
SECTION 3. Section 16.013, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.