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.
	______________________________	______________________________
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