Bill Text: TX HB2024 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to statutes of limitation and repose for certain claims arising out of residential construction.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Passed) 2023-06-09 - Effective immediately [HB2024 Detail]

Download: Texas-2023-HB2024-Enrolled.html

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H.B. No. 2024

AN ACT
relating to statutes of limitation and repose for certain claims
arising out of residential construction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.009, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (c) and adding
Subsections (a-2), (a-3), and (a-4) to read as follows:
(a) Except as provided by Subsection (a-1) or (a-2), 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 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.
(a-2) Except as provided by this subsection, with respect to
any claim arising out of the design, construction, or repair of a
new residence, of an alteration of or repair or addition to an
existing residence, or of an appurtenance to a residence, 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 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. If the
person being sued is a contractor who has provided a written
warranty for the residence that complies with Subsection (a-3), the
claimant must bring the suit not later than six years after the
substantial completion of the improvement.
(a-3) For purposes of Subsection (a-2), a written warranty
must provide a minimum period of:
(1) one year for workmanship and materials;
(2) two years for plumbing, electrical, heating, and
air-conditioning delivery systems; and
(3) six years for major structural components.
(a-4) For purposes of Subsection (a-2):
(1) "Contractor" has the meaning assigned by Section
27.001, Property Code.
(2) "Residence" means the real property and
improvements for a detached one-family or two-family dwelling or a
townhouse not more than three stories above grade plane in height
with a separate means of egress or an accessory structure not more
than three stories above grade plane in height.
(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 applicable limitations
period, the period is extended for:
(1) two years from the date the claim is presented, for
a claim to which Subsection (a) applies; or
(2) one year from the date the claim is presented, for
a claim to which Subsection (a-1) or (a-2) applies.
SECTION 2. (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 the design,
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 the design,
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 the design,
construction, or repair of an improvement to real property that
commenced before the effective date of this Act or arising out of
the design, 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 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2024 was passed by the House on April
21, 2023, by the following vote: Yeas 100, Nays 40, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2024 was passed by the Senate on May
16, 2023, by the following vote: Yeas 22, Nays 9.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor