BILL ANALYSIS H.B. 1922 By: Dean Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that while government contractors are able to be notified of, and have the opportunity to address, construction defects under the state's right to repair statute, a loophole exists regarding the accrual date of a cause of action, which creates inconsistencies and potential liabilities for contractors. The bill author has also informed the committee that this ambiguity can lead to costly legal disputes and undermine the intention of the right to repair statute to provide a straightforward process for handling defect claims. H.B. 1922 seeks to address this issue and eliminate confusion and inconsistency by establishing the date on which an applicable cause of action accrues. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1922 amends the Government Code to establish that, for purposes of state law governing certain construction liability claims by a governmental entity against a contractor, subcontractor, supplier, or design professional, a cause of action accrues on the date the governmental entity's report to the applicable contractors detailing the basis for the claim is postmarked by USPS. The bill establishes that the date of the accrual of a cause of an action for all other purposes is unaffected by the bill, including the date of an occurrence under an applicable insurance policy and the date a cause of action accrues for purposes of determining whether the action is barred by a statute of limitations or repose. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1922
By: Dean
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 1922
By: Dean
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that while government contractors are able to be notified of, and have the opportunity to address, construction defects under the state's right to repair statute, a loophole exists regarding the accrual date of a cause of action, which creates inconsistencies and potential liabilities for contractors. The bill author has also informed the committee that this ambiguity can lead to costly legal disputes and undermine the intention of the right to repair statute to provide a straightforward process for handling defect claims. H.B. 1922 seeks to address this issue and eliminate confusion and inconsistency by establishing the date on which an applicable cause of action accrues.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1922 amends the Government Code to establish that, for purposes of state law governing certain construction liability claims by a governmental entity against a contractor, subcontractor, supplier, or design professional, a cause of action accrues on the date the governmental entity's report to the applicable contractors detailing the basis for the claim is postmarked by USPS. The bill establishes that the date of the accrual of a cause of an action for all other purposes is unaffected by the bill, including the date of an occurrence under an applicable insurance policy and the date a cause of action accrues for purposes of determining whether the action is barred by a statute of limitations or repose.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that while government contractors are able to be notified of, and have the opportunity to address, construction defects under the state's right to repair statute, a loophole exists regarding the accrual date of a cause of action, which creates inconsistencies and potential liabilities for contractors. The bill author has also informed the committee that this ambiguity can lead to costly legal disputes and undermine the intention of the right to repair statute to provide a straightforward process for handling defect claims. H.B. 1922 seeks to address this issue and eliminate confusion and inconsistency by establishing the date on which an applicable cause of action accrues.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1922 amends the Government Code to establish that, for purposes of state law governing certain construction liability claims by a governmental entity against a contractor, subcontractor, supplier, or design professional, a cause of action accrues on the date the governmental entity's report to the applicable contractors detailing the basis for the claim is postmarked by USPS. The bill establishes that the date of the accrual of a cause of an action for all other purposes is unaffected by the bill, including the date of an occurrence under an applicable insurance policy and the date a cause of action accrues for purposes of determining whether the action is barred by a statute of limitations or repose.
EFFECTIVE DATE
September 1, 2025.