89R7892 AJA-F
By: Canales H.B. No. 3847
A BILL TO BE ENTITLED
AN ACT
relating to certain construction defect litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 28 to read as follows:
CHAPTER 28. CONSTRUCTION DEFECT LITIGATION
Sec. 28.001. DEFINITIONS. In this chapter:
(1) "Claimant" means a party pursuing a commercial
construction defect claim. The term includes a party designated as
a plaintiff, counterclaimant, cross-claimant, third-party
plaintiff, or intervenor.
(2) "Commercial construction defect" means a defect,
nonconformance, or deficiency in the design, engineering,
material, workmanship, or construction of commercial property that
is the result of:
(A) the use of defective materials, products, or
components in the construction;
(B) a violation of a building code applicable by
law to the construction;
(C) a failure of the design of an improvement to
real property to meet the professional standards of care applicable
at the time of governmental approval of the design or as otherwise
applicable if no governmental approval of the design was required
or obtained; or
(D) a failure to perform the construction in
accordance with the accepted trade standards for good and
workmanlike construction.
(3) "Commercial construction defect claim" means a
request in a civil action to recover monetary damages arising from
an alleged commercial construction defect.
(4) "Commercial property" means an improvement to
publicly or privately owned real property that is used for human
habitation or from which a governmental activity or commercial
enterprise is conducted. The term does not include:
(A) a residence as defined by Section 53.001,
Property Code;
(B) a highway, roadway, bridge, overpass, or
other similar kind of physical infrastructure used by motor
vehicles; or
(C) a civil works project, as defined by Section
2269.351, Government Code, regardless of whether the civil works
project was procured under Chapter 2269, Government Code.
(5) "Petition" means a court pleading, whether
original or amended, in which a claimant asserts a commercial
construction defect claim. The term includes a petition,
counterpetition, cross-petition, and third-party petition.
Sec. 28.002. PLEADING REQUIREMENTS. In asserting a
commercial construction defect claim, a claimant's petition must,
as to each defendant:
(1) describe with particularity the observed
manifestation of each alleged failure in the commercial property
that gives rise to the claimant's claim against the defendant;
(2) state the factual basis for the claimant's
assertion that the defendant's services, labor, or materials caused
or created, wholly or partly, each described failure; and
(3) be verified by a person with knowledge of the facts
stated in the petition.
Sec. 28.003. DISMISSAL FOR INSUFFICIENT PLEADING; EFFECT ON
LIMITATIONS PERIOD. (a) At the time of filing an original answer
or on or before the 21st day after the date the claimant's petition
was served, whichever is later, a defendant may move to dismiss a
claimant's commercial construction defect claim against the
defendant for failure to comply with the pleading requirements of
Section 28.002.
(b) The filing by a defendant of a motion to dismiss under
this section automatically abates response deadlines for discovery
requests served on the defendant by the claimant who served the
petition that is the subject of the motion until the motion has been
resolved by court order or agreement of the parties.
(c) Not later than the seventh day before the date of the
hearing on the defendant's motion to dismiss, the claimant may
replead the commercial construction defect claim.
(d) If a claimant repleads a claim under Subsection (c), the
affected defendant may supplement or amend the defendant's motion
to dismiss without causing a postponement of a hearing on the
motion.
(e) Unless extended by the court for good cause or by
agreement of the parties, a hearing on the defendant's motion to
dismiss shall be held not later than the 30th day after the date the
motion is served on the claimant. Filing an insufficient petition
to avoid the expiration of a limitations period may not be
considered good cause to extend the deadline prescribed by this
subsection if, in the exercise of reasonable diligence, the
claimant could have filed a petition complying with Section 28.002
before the expiration of the limitations period.
(f) On motion of a defendant as provided by this section,
the court shall dismiss without prejudice any commercial
construction defect claim against the defendant that is not
supported by a petition complying with Section 28.002.
(g) The filing of a petition that fails to comply with
Section 28.002 with respect to a commercial construction defect
claim does not toll any limitations period applicable to the claim.
Sec. 28.004. AWARD OF ATTORNEY'S FEES AND COSTS; SANCTIONS.
(a) On ruling on a motion to dismiss filed under this chapter, the
court may award costs and reasonable attorney's fees to the
prevailing party.
(b) The court shall impose an appropriate sanction on a
person who verifies a petition or motion or signs an affidavit filed
under this chapter when the person knew or reasonably should have
known the facts stated in the petition, motion, or affidavit were
untrue.
Sec. 28.005. SUPREME COURT RULEMAKING. The supreme court
may adopt rules to implement this chapter.
Sec. 28.006. SUPPLEMENTATION OF EXISTING LAWS. The
procedures and remedies provided by this chapter are in addition to
other procedures and remedies provided by law.
SECTION 2. Chapter 28, Civil Practice and Remedies Code, as
added by this Act, applies only to an action commenced on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.