Bill Text: TX HB1053 | 2017-2018 | 85th Legislature | Introduced


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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB1053 Detail]

Download: Texas-2017-HB1053-Introduced.html
  85R2317 AJA-D
 
  By: Meyer H.B. No. 1053
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to statutes of repose for certain claims involving the
  construction or repair of an improvement to real property or the
  attachment of equipment 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 five [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 five-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 five [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 five-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 fifth
  [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, Property 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, Property 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, Property 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, Property 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, 2017.
feedback