| 1 | 1 | | 88R4516 AJA-F |
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| 2 | 2 | | By: Creighton S.B. No. 1336 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain construction liability claims concerning |
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| 8 | 8 | | public buildings and public works. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2272.002(b), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) This chapter does not apply to: |
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| 13 | 13 | | (1) a claim for personal injury, survival, or wrongful |
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| 14 | 14 | | death; |
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| 15 | 15 | | (2) a claim involving the construction of residential |
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| 16 | 16 | | property covered under Chapter 27, Property Code; |
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| 17 | 17 | | (3) a contract entered into by the Texas Department of |
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| 18 | 18 | | Transportation; or |
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| 19 | 19 | | (4) a project that receives money from a state or |
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| 20 | 20 | | federal highway fund[; or |
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| 21 | 21 | | [(5) a civil works project as defined by Section |
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| 22 | 22 | | 2269.351]. |
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| 23 | 23 | | SECTION 2. Chapter 2272, Government Code, is amended by |
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| 24 | 24 | | adding Section 2272.0025 to read as follows: |
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| 25 | 25 | | Sec. 2272.0025. WAIVER PROHIBITED. This chapter may not be |
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| 26 | 26 | | waived. A purported waiver of this chapter in violation of this |
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| 27 | 27 | | section is void. |
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| 28 | 28 | | SECTION 3. The change in law made by this Act applies only |
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| 29 | 29 | | to a cause of action that accrues on or after the effective date of |
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| 30 | 30 | | this Act under a contract entered into on or after the effective |
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| 31 | 31 | | date of this Act. A cause of action that accrued before the |
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| 32 | 32 | | effective date of this Act or that accrues on or after the effective |
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| 33 | 33 | | date of this Act under a contract entered into before the effective |
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| 34 | 34 | | date of this Act is governed by the law as it existed immediately |
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| 35 | 35 | | before the effective date of this Act, and that law is continued in |
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| 36 | 36 | | effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2023. |
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