Bill Text: TX HB1737 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property or equipment attached to real property.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB1737 Detail]

Download: Texas-2019-HB1737-Comm_Sub.html

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86R22319 BRG-D
By: Holland, Leach, Cyrier, et al. H.B. No. 1737
Substitute the following for H.B. No. 1737:
By: White C.S.H.B. No. 1737

A BILL TO BE ENTITLED
AN ACT
relating to statutes of limitation and repose for certain claims
involving the construction or repair of an improvement to real
property or equipment attached to real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.008(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) A person must bring suit for damages for a claim listed
in Subsection (b) against a registered or licensed architect,
engineer, interior designer, or landscape architect in this state,
who designs, plans, or inspects the construction of an improvement
to real property or equipment attached to real property, not later
than seven [10] years after the substantial completion of the
improvement or the beginning of operation of the equipment in an
action arising out of a defective or unsafe condition of the real
property, the improvement, or the equipment.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the architect, engineer, interior
designer, or landscape architect within the seven-year [10-year]
limitations period, the period is extended for two years from the
day the claim is presented.
SECTION 2. Sections 16.009(a), (c), and (d), Civil Practice
and Remedies Code, are amended to read as follows:
(a) A claimant must bring suit for damages for a claim
listed in Subsection (b) against a person who constructs or repairs
an improvement to real property not later than seven [10] years
after the substantial completion of the improvement in an action
arising out of a defective or unsafe condition of the real property
or a deficiency in the construction or repair of the improvement.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the person performing or furnishing
the construction or repair work during the seven-year [10-year]
limitations period, the period is extended for two years from the
date the claim is presented.
(d) If the damage, injury, or death occurs during the
seventh [10th] year of the limitations period, the claimant may
bring suit not later than two years after the day the cause of
action accrues.
SECTION 3. (a) Except as provided by this section, Section
16.008, Civil Practice and Remedies Code, as amended by this Act,
applies to a cause of action arising out of a design, plan, or
inspection of the construction of an improvement to real property
or equipment attached to real property that commences on or after
the effective date of this Act. Section 16.008, Civil Practice and
Remedies Code, as amended by this Act, does not apply to a cause of
action arising out of a design, plan, or inspection that commences
on or after the effective date of this Act under a contract entered
into before that date.
(b) A cause of action arising out of a design, plan, or
inspection of the construction of an improvement to real property
or equipment attached to real property that commenced before the
effective date of this Act or arising out of a design, plan, or
inspection of the construction of an improvement to real property
or equipment attached to real property that commences on or after
the effective date of this Act under a contract entered into before
that date is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. (a) Except as provided by this section, Section
16.009, Civil Practice and Remedies Code, as amended by this Act,
applies to a cause of action arising out of construction or repair
of an improvement to real property that commences on or after the
effective date of this Act. Section 16.009, Civil Practice and
Remedies Code, as amended by this Act, does not apply to a cause of
action arising out of construction or repair of an improvement to
real property that commences on or after the effective date of this
Act under a contract entered into before that date.
(b) A cause of action arising out of construction or repair
of an improvement to real property that commenced before the
effective date of this Act or arising out of construction or repair
of an improvement to real property that commences on or after the
effective date of this Act under a contract entered into before that
date is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.