By Brian Fisher, originally written April 2019
Several bills which, if passed, will impact the Texas real estate industry are currently pending consideration in 86th Legislative Session of the Texas Legislature. Among those bills are the following:
H.B. No. 589
Proposes an overhaul of the mechanic’s and materialmen’s lien laws of the State of Texas by, among other things, requiring the Office of the Secretary of State of the State of Texas to establish a lien website through which lien affidavits will be filed and modifying notice requirements.
H.B. No. 1737
Proposes to shorten from 10 years to 8 years (following substantial completion) the period of time during which a person may bring suit (for injury, damage or loss to personal property, personal injury, wrongful death, contribution or indemnity) against a contractor who constructs or repairs, or a registered or licensed architect, engineer, interior designer or landscape architect who designs, plans or inspects, the construction of an improvement to real property. The bill further proposes a 4 year statute of repose for actions arising out of a patent defect, a discovered latent defect or latent defect which becomes a patent defect.
Proposes to make voidable by a general contractor or subcontractor any provision in a construction contract that incorporates the provision of another document, by reference or otherwise, if the owner (if a general contract) or general contractor (if a subcontract) does not provide a copy of the incorporated document to the original contractor or subcontractor prior to the time the contract is executed.
These 3 bills are currently pending in committees and warrant monitoring throughout the legislative session. Please check back here later this year to see whether these bills have become Texas law. The status of the bills can be followed at: