Texas 2025 - 89th Regular

Texas House Bill HB3223 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	89R2163 MZM-F
2	2	By: Leach H.B. No. 3223
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to statutes of limitation and repose for certain claims
10	10	involving the construction or repair of an improvement to real
11	11	property.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 16.008(a) and (c), Civil Practice and
14	14	Remedies Code, are amended to read as follows:
15	15	(a) A [Except as provided by Subsection (a-1), a] person
16	16	must bring suit for damages for a claim listed in Subsection (b)
17	17	against a registered or licensed architect, engineer, interior
18	18	designer, or landscape architect in this state, who designs, plans,
19	19	or inspects the construction of an improvement to real property or
20	20	equipment attached to real property, not later than eight [10]
21	21	years after the substantial completion of the improvement or the
22	22	beginning of operation of the equipment in an action arising out of
23	23	a defective or unsafe condition of the real property, the
24	24	improvement, or the equipment.
25	25	(c) If the claimant presents a written claim for damages,
26	26	contribution, or indemnity to the architect, engineer, interior
27	27	designer, or landscape architect within the applicable limitations
28	28	period, the period is extended for[:
29	29	[(1) two years from the date the claim is presented,
30	30	for a claim to which Subsection (a) applies; or
31	31	[(2)] one year from the date the claim is presented[,
32	32	for a claim to which Subsection (a-1) applies].
33	33	SECTION 2. Sections 16.009(a), (c), and (d), Civil Practice
34	34	and Remedies Code, are amended to read as follows:
35	35	(a) Except as provided by Subsection [(a-1) or] (a-2), a
36	36	claimant must bring suit for damages for a claim listed in
37	37	Subsection (b) against a person who constructs or repairs an
38	38	improvement to real property not later than eight [10] years after
39	39	the substantial completion of the improvement in an action arising
40	40	out of a defective or unsafe condition of the real property or a
41	41	deficiency in the construction or repair of the improvement.
42	42	(c) If the claimant presents a written claim for damages,
43	43	contribution, or indemnity to the person performing or furnishing
44	44	the construction or repair work during the applicable limitations
45	45	period, the period is extended for[:
46	46	[(1) two years from the date the claim is presented, for
47	47	a claim to which Subsection (a) applies; or
48	48	[(2)] one year from the date the claim is presented[,
49	49	for a claim to which Subsection (a-1) or (a-2) applies].
50	50	(d) If the damage, injury, or death occurs during the last
51	51	year of the applicable limitations period, the claimant may bring
52	52	suit not later than one year [two years] after the day the cause of
53	53	action accrues.
54	54	SECTION 3. Sections 16.008(a-1) and 16.009(a-1), Civil
55	55	Practice and Remedies Code, are repealed.
56	56	SECTION 4. (a) Except as provided by this section, Section
57	57	16.008, Civil Practice and Remedies Code, as amended by this Act,
58	58	applies to a cause of action arising out of a design, plan, or
59	59	inspection of the construction of an improvement to real property
60	60	or equipment attached to real property that commences on or after
61	61	the effective date of this Act. Section 16.008, Civil Practice and
62	62	Remedies Code, as amended by this Act, does not apply to a cause of
63	63	action arising out of a design, plan, or inspection that commences
64	64	on or after the effective date of this Act under a contract entered
65	65	into before that date.
66	66	(b) A cause of action arising out of a design, plan, or
67	67	inspection of the construction of an improvement to real property
68	68	or equipment attached to real property that commenced before the
69	69	effective date of this Act or arising out of a design, plan, or
70	70	inspection of the construction of an improvement to real property
71	71	or equipment attached to real property that commences on or after
72	72	the effective date of this Act under a contract entered into before
73	73	that date is governed by the law applicable to the cause of action
74	74	immediately before the effective date of this Act, and that law is
75	75	continued in effect for that purpose.
76	76	SECTION 5. (a) Except as provided by this section, Section
77	77	16.009, Civil Practice and Remedies Code, as amended by this Act,
78	78	applies to a cause of action arising out of construction or repair
79	79	of an improvement to real property that commences on or after the
80	80	effective date of this Act. Section 16.009, Civil Practice and
81	81	Remedies Code, as amended by this Act, does not apply to a cause of
82	82	action arising out of construction or repair of an improvement to
83	83	real property that commences on or after the effective date of this
84	84	Act under a contract entered into before that date.
85	85	(b) A cause of action arising out of construction or repair
86	86	of an improvement to real property that commenced before the
87	87	effective date of this Act or arising out of construction or repair
88	88	of an improvement to real property that commences on or after the
89	89	effective date of this Act under a contract entered into before that
90	90	date is governed by the law applicable to the cause of action
91	91	immediately before the effective date of this Act, and that law is
92	92	continued in effect for that purpose.
93	93	SECTION 6. This Act takes effect September 1, 2025.