Texas House Bill HB3221

Texas 2021 - 87th Regular

Caption

Relating to the accrual of a cause of action for purposes of certain laws governing certain construction liability claims.

Impact

The implementation of HB3221 has implications for how construction liability claims are processed and administered in Texas. By defining the accrual date for a cause of action specifically related to certain reports, the bill seeks to streamline legal proceedings in this area. It may reduce disputes over when a claim can be filed, thereby potentially enhancing the efficiency of the resolution process for construction-related claims. However, it maintains that the accrual date for all other legal considerations remains unchanged, ensuring that existing statutes of limitations and repose continue to apply as they had previously.

Summary

House Bill 3221 amends Chapter 2272 of the Government Code, specifically addressing the accrual of a cause of action in certain construction liability claims. The bill establishes that for the purposes of this chapter, a cause of action will accrue on the date when the report, required by Section 2272.003, is postmarked by the United States Postal Service. This change is designed to provide clarity regarding when such actions can be initiated, particularly in the context of construction-related legal claims.

Sentiment

The sentiment surrounding HB3221 appears to be largely practical and supportive among those involved in the construction and legal sectors. Proponents argue that the bill simplifies the legal landscape for construction liability claims and enhances clarity for both claimants and defendants. However, there may be concerns among some legal practitioners regarding the implications of changing accrual dates and whether it adequately balances the needs of different parties involved in construction projects.

Contention

A notable point of contention among various stakeholders could arise from the perception that the bill may favor certain entities over others in construction disputes. While advocates believe that establishing a clear accrual date benefits claimants by providing a more definitive timeline, opponents might express concerns that it could inadvertently disadvantage some parties in litigation, particularly if the postmark date falls within contentious periods related to project completion or allegations of defects.