Texas 2025 - 89th Regular

Texas House Bill HB3847 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R7892 AJA-F
2	2	By: Canales H.B. No. 3847
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain construction defect litigation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies
12	12	Code, is amended by adding Chapter 28 to read as follows:
13	13	CHAPTER 28. CONSTRUCTION DEFECT LITIGATION
14	14	Sec. 28.001. DEFINITIONS. In this chapter:
15	15	(1) "Claimant" means a party pursuing a commercial
16	16	construction defect claim. The term includes a party designated as
17	17	a plaintiff, counterclaimant, cross-claimant, third-party
18	18	plaintiff, or intervenor.
19	19	(2) "Commercial construction defect" means a defect,
20	20	nonconformance, or deficiency in the design, engineering,
21	21	material, workmanship, or construction of commercial property that
22	22	is the result of:
23	23	(A) the use of defective materials, products, or
24	24	components in the construction;
25	25	(B) a violation of a building code applicable by
26	26	law to the construction;
27	27	(C) a failure of the design of an improvement to
28	28	real property to meet the professional standards of care applicable
29	29	at the time of governmental approval of the design or as otherwise
30	30	applicable if no governmental approval of the design was required
31	31	or obtained; or
32	32	(D) a failure to perform the construction in
33	33	accordance with the accepted trade standards for good and
34	34	workmanlike construction.
35	35	(3) "Commercial construction defect claim" means a
36	36	request in a civil action to recover monetary damages arising from
37	37	an alleged commercial construction defect.
38	38	(4) "Commercial property" means an improvement to
39	39	publicly or privately owned real property that is used for human
40	40	habitation or from which a governmental activity or commercial
41	41	enterprise is conducted. The term does not include:
42	42	(A) a residence as defined by Section 53.001,
43	43	Property Code;
44	44	(B) a highway, roadway, bridge, overpass, or
45	45	other similar kind of physical infrastructure used by motor
46	46	vehicles; or
47	47	(C) a civil works project, as defined by Section
48	48	2269.351, Government Code, regardless of whether the civil works
49	49	project was procured under Chapter 2269, Government Code.
50	50	(5) "Petition" means a court pleading, whether
51	51	original or amended, in which a claimant asserts a commercial
52	52	construction defect claim. The term includes a petition,
53	53	counterpetition, cross-petition, and third-party petition.
54	54	Sec. 28.002. PLEADING REQUIREMENTS. In asserting a
55	55	commercial construction defect claim, a claimant's petition must,
56	56	as to each defendant:
57	57	(1) describe with particularity the observed
58	58	manifestation of each alleged failure in the commercial property
59	59	that gives rise to the claimant's claim against the defendant;
60	60	(2) state the factual basis for the claimant's
61	61	assertion that the defendant's services, labor, or materials caused
62	62	or created, wholly or partly, each described failure; and
63	63	(3) be verified by a person with knowledge of the facts
64	64	stated in the petition.
65	65	Sec. 28.003. DISMISSAL FOR INSUFFICIENT PLEADING; EFFECT ON
66	66	LIMITATIONS PERIOD. (a) At the time of filing an original answer
67	67	or on or before the 21st day after the date the claimant's petition
68	68	was served, whichever is later, a defendant may move to dismiss a
69	69	claimant's commercial construction defect claim against the
70	70	defendant for failure to comply with the pleading requirements of
71	71	Section 28.002.
72	72	(b) The filing by a defendant of a motion to dismiss under
73	73	this section automatically abates response deadlines for discovery
74	74	requests served on the defendant by the claimant who served the
75	75	petition that is the subject of the motion until the motion has been
76	76	resolved by court order or agreement of the parties.
77	77	(c) Not later than the seventh day before the date of the
78	78	hearing on the defendant's motion to dismiss, the claimant may
79	79	replead the commercial construction defect claim.
80	80	(d) If a claimant repleads a claim under Subsection (c), the
81	81	affected defendant may supplement or amend the defendant's motion
82	82	to dismiss without causing a postponement of a hearing on the
83	83	motion.
84	84	(e) Unless extended by the court for good cause or by
85	85	agreement of the parties, a hearing on the defendant's motion to
86	86	dismiss shall be held not later than the 30th day after the date the
87	87	motion is served on the claimant. Filing an insufficient petition
88	88	to avoid the expiration of a limitations period may not be
89	89	considered good cause to extend the deadline prescribed by this
90	90	subsection if, in the exercise of reasonable diligence, the
91	91	claimant could have filed a petition complying with Section 28.002
92	92	before the expiration of the limitations period.
93	93	(f) On motion of a defendant as provided by this section,
94	94	the court shall dismiss without prejudice any commercial
95	95	construction defect claim against the defendant that is not
96	96	supported by a petition complying with Section 28.002.
97	97	(g) The filing of a petition that fails to comply with
98	98	Section 28.002 with respect to a commercial construction defect
99	99	claim does not toll any limitations period applicable to the claim.
100	100	Sec. 28.004. AWARD OF ATTORNEY'S FEES AND COSTS; SANCTIONS.
101	101	(a) On ruling on a motion to dismiss filed under this chapter, the
102	102	court may award costs and reasonable attorney's fees to the
103	103	prevailing party.
104	104	(b) The court shall impose an appropriate sanction on a
105	105	person who verifies a petition or motion or signs an affidavit filed
106	106	under this chapter when the person knew or reasonably should have
107	107	known the facts stated in the petition, motion, or affidavit were
108	108	untrue.
109	109	Sec. 28.005. SUPREME COURT RULEMAKING. The supreme court
110	110	may adopt rules to implement this chapter.
111	111	Sec. 28.006. SUPPLEMENTATION OF EXISTING LAWS. The
112	112	procedures and remedies provided by this chapter are in addition to
113	113	other procedures and remedies provided by law.
114	114	SECTION 2. Chapter 28, Civil Practice and Remedies Code, as
115	115	added by this Act, applies only to an action commenced on or after
116	116	the effective date of this Act.
117	117	SECTION 3. This Act takes effect September 1, 2025.