HB3847 - Relating to certain construction defect litigation.

  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.