House Bill No. 3847 introduces a new chapter, Chapter 28, to the Civil Practice and Remedies Code, specifically addressing construction defect litigation. This chapter defines key terms such as "Claimant," "Commercial construction defect," and "Commercial property," and outlines the requirements for pleading a commercial construction defect claim. Notably, it mandates that a claimant's petition must detail the specific failures in the commercial property, provide a factual basis for the claim, and be verified by someone knowledgeable about the facts. Additionally, the bill establishes procedures for dismissing claims that do not meet these pleading requirements, including the automatic abatement of discovery deadlines and the potential for repleading.

The bill also stipulates that courts may award attorney's fees and costs to the prevailing party in motions to dismiss and imposes sanctions on individuals who verify petitions or motions with known falsehoods. Furthermore, it allows the Texas Supreme Court to adopt rules for implementing the chapter and clarifies that the procedures outlined are supplementary to existing laws. The provisions of this chapter will apply only to actions commenced on or after the effective date of the Act, which is set for September 1, 2025.

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