88R4516 AJA-F
By: Creighton S.B. No. 1336
A BILL TO BE ENTITLED
AN ACT
relating to certain construction liability claims concerning
public buildings and public works.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2272.002(b), Government Code, is amended
to read as follows:
(b) This chapter does not apply to:
(1) a claim for personal injury, survival, or wrongful
death;
(2) a claim involving the construction of residential
property covered under Chapter 27, Property Code;
(3) a contract entered into by the Texas Department of
Transportation; or
(4) a project that receives money from a state or
federal highway fund[; or
[(5) a civil works project as defined by Section
2269.351].
SECTION 2. Chapter 2272, Government Code, is amended by
adding Section 2272.0025 to read as follows:
Sec. 2272.0025. WAIVER PROHIBITED. This chapter may not be
waived. A purported waiver of this chapter in violation of this
section is void.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act under a contract entered into on or after the effective
date of this Act. A cause of action that accrued before the
effective date of this Act or that accrues on or after the effective
date of this Act under a contract entered into before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.