Texas Statutes
Subchapter A. Limitations of Personal Actions
Section 16.009. Persons Furnishing Construction or Repair of Improvements

Sec. 16.009. PERSONS FURNISHING CONSTRUCTION OR REPAIR OF IMPROVEMENTS. (a) Except as provided by Subsection (a-1), 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.
(b) This section applies to suit for:
(1) injury, damage, or loss to real or personal property;
(2) personal injury;
(3) wrongful death;
(4) contribution; or
(5) indemnity.
(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) applies.
(d) If the damage, injury, or death occurs during the last year of the applicable limitations period, the claimant may bring suit not later than two years after the day the cause of action accrues.
(e) This section does not bar an action:
(1) on a written warranty, guaranty, or other contract that expressly provides for a longer effective period;
(2) against a person in actual possession or control of the real property at the time that the damage, injury, or death occurs; or
(3) based on wilful misconduct or fraudulent concealment in connection with the performance of the construction or repair.
(f) This section does not extend or affect a period prescribed for bringing an action under any other law of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 484 (H.B. 3069), Sec. 2, eff. June 14, 2021.