H.B. No. 3069

	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.  Section 16.008, Civil Practice and Remedies
	Code, is amended by amending Subsections (a) and (c) and adding
	Subsection (a-1) to read as follows:
	(a)  Except as provided by Subsection (a-1), 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 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.
	(a-1)  A governmental entity 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 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.
	This subsection does not apply to a claim arising out of:
	(1)  a contract entered into by the Texas Department of
	Transportation;
	(2)  a project that receives money from the state
	highway fund or a federal fund designated for highway and mass
	transit spending; or
	(3)  a civil works project, as that term is defined
	under Section 2269.351, Government Code.
	(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 [10-year]
	limitations period, the period is extended for:
	(1)  two years from the date [day] 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.  Section 16.009, Civil Practice and Remedies
	Code, is amended by amending Subsections (a), (c), and (d) and
	adding Subsection (a-1) to read as follows:
	(a)  Except as provided by Subsection (a-1), 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 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-1)  A governmental entity 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 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.
	This subsection does not apply to a claim arising out of:
	(1)  a contract entered into by the Texas Department of
	Transportation;
	(2)  a project that receives money from the state
	highway fund or a federal fund designated for highway and mass
	transit spending; or
	(3)  a civil works project, as that term is defined
	under Section 2269.351, Government Code.
	(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 [10-year]
	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.
	(d)  If the damage, injury, or death occurs during the last
	[10th] year of the applicable 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 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, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3069 was passed by the House on May 4,
	2021, by the following vote:  Yeas 141, Nays 3, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3069 was passed by the Senate on May
	21, 2021, by the following vote:  Yeas 29, Nays 2.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor