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  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