HB3223 - Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property.

  89R2163 MZM-F     By: Leach, Martinez, Metcalf, Gervin-Hawkins, H.B. No. 3223       Capriglione, et al.       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.          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 [ Except as provided by Subsection (a-1), 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 eight [ 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 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) applies ].          SECTION 2.  Sections 16.009(a), (c), and (d), Civil Practice   and Remedies Code, are amended 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 eight [ 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 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 ].          (d)  If the damage, injury, or death occurs during the last   year of the applicable limitations period, the claimant may bring   suit not later than one year [ two years ] after the day the cause of   action accrues.          SECTION 3.  Sections 16.008(a-1) and 16.009(a-1), Civil   Practice and Remedies Code, are repealed.          SECTION 4.  (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 5.  (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 6.  This Act takes effect September 1, 2025.