reglab/housing_qa huggingface dataset:
TX Prop § 26.014 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness|Section 26.014. Other Rights Not Affected

Sec. 26.014.  OTHER RIGHTS NOT AFFECTED.  This chapter does not affect a right an individual may have in the use of the individual's name, voice, signature, photograph, or likeness before the death of the individual.|Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.|
TX Prop § 26.015 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness|Section 26.015. Defenses to Liability

Sec. 26.015.  DEFENSES TO LIABILITY.  A person shall not be liable for damages under this chapter if he has acted in reliance on the results of a probate proceeding governing the estate of the deceased personality in question.|Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.|
TX Prop § 27.002 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.002. Application of Chapter

Sec. 27.002.  APPLICATION OF CHAPTER.  (a)  This chapter applies to:(1)  any action to recover damages or other relief arising from a construction defect, except a claim for personal injury, survival, or wrongful death or for damage to goods;  and(2)  any subsequent purchaser of a residence who files a claim against a contractor.(b)  Except as provided by this subsection, to the extent of conflict between this chapter and any other law, including the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or a common law cause of action, this chapter prevails.  To the extent of conflict between this chapter and Title 16, Title 16 prevails.(c)  In this section:(1)  "Goods" does not include a residence.(2)  "Personal injury" does not include mental anguish.(d)  This chapter does not apply to an action to recover damages that arise from:(1)  a violation of Section 27.01, Business & Commerce Code;(2)  a contractor's wrongful abandonment of an improvement project before completion;  or(3)  a violation of Chapter 162.|Added by Acts 1989, 71st Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 797, Sec. 3, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 189, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 458, Sec. 2.02, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 843 (H.B. 1038), Sec. 2, eff. September 1, 2007.|
TX Prop § 27.003 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.003. Liability

Sec. 27.003.  LIABILITY.  (a)  In an action to recover damages or other relief arising from a construction defect:(1)  a contractor is not liable for any percentage of damages caused by:(A)  negligence of a person other than the contractor or an agent, employee, or subcontractor of the contractor;(B)  failure of a person other than the contractor or an agent, employee, or subcontractor of the contractor to:(i)  take reasonable action to mitigate the damages;  or(ii)  take reasonable action to maintain the residence;(C)  normal wear, tear, or deterioration;(D)  normal shrinkage due to drying or settlement of construction components within the tolerance of building standards;  or(E)  the contractor's reliance on written information relating to the residence, appurtenance, or real property on which the residence and appurtenance are affixed that was obtained from official government records, if the written information was false or inaccurate and the contractor did not know and could not reasonably have known of the falsity or inaccuracy of the information;  and(2)  if an assignee of the claimant or a person subrogated to the rights of a claimant fails to provide the contractor with the written notice and opportunity to inspect and offer to repair required by Section 27.004 or fails to request state-sponsored inspection and dispute resolution under Chapter 428, if applicable, before performing repairs, the contractor is not liable for the cost of any repairs or any percentage of damages caused by repairs made to a construction defect at the request of an assignee of the claimant or a person subrogated to the rights of a claimant by a person other than the contractor or an agent, employee, or subcontractor of the contractor.(b)  Except as provided by this chapter, this chapter does not limit or bar any other defense or defensive matter or other defensive cause of action applicable to an action to recover damages or other relief arising from a construction defect.|Added by Acts 1989, 71st Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 797, Sec. 4, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 189, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 458, Sec. 2.03, eff. Sept. 1, 2003.|
TX Prop § 27.0031 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.0031. Frivolous Suit; Harassment

Sec. 27.0031.  FRIVOLOUS SUIT;  HARASSMENT.  A party who files a suit under this chapter that is groundless and brought in bad faith or for purposes of harassment is liable to the defendant for reasonable and necessary attorney's fees and court costs.|Added by Acts 1999, 76th Leg., ch. 189, Sec. 4, eff. Sept. 1, 1999.|
TX Prop § 27.0041 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.0041. Mediation

Sec. 27.0041.  MEDIATION.  (a)  If a claimant files suit seeking from a contractor damages arising from a construction defect in an amount greater than $7,500, the claimant or contractor may file a motion to compel mediation of the dispute.  The motion must be filed not later than the 90th day after the date the suit is filed.(b)  Not later than the 30th day after the date a motion is filed under Subsection (a), the court shall order the parties to mediate the dispute.  If the parties cannot agree on the appointment of a mediator, the court shall appoint the mediator.(c)  The court shall order the parties to begin mediation of the dispute not later than the 30th day after the date the court enters its order under Subsection (b) unless the parties agree otherwise or the court determines additional time is required.  If the court determines that additional time is required, the court may order the parties to begin mediation of the dispute not later than the 60th day after the date the court enters its order under Subsection (b).(d)  Unless each party who has appeared in a suit filed under this chapter agrees otherwise, each party shall participate in the mediation and contribute equally to the cost of the mediation.(e)  Section 154.023, Civil Practice and Remedies Code, and Subchapters C and D, Chapter 154, Civil Practice and Remedies Code, apply to a mediation under this section to the extent those laws do not conflict with this section.|Added by Acts 1999, 76th Leg., ch. 189, Sec. 6, eff. Sept. 1, 1999.|
TX Prop § 27.0042 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.0042. Conditional Sale to Builder

Sec. 27.0042.  CONDITIONAL SALE TO BUILDER.  (a)  A written agreement between a contractor and a homeowner may provide that, except as provided by Subsection (b), if the reasonable cost of repairs necessary to repair a construction defect that is the responsibility of the contractor exceeds an agreed percentage of the current fair market value of the residence, as determined without reference to the construction defects, then, in an action subject to this chapter, the contractor may elect as an alternative to the damages specified in Section 27.004(g) that the contractor who sold the residence to the homeowner purchase it.(b)  A contractor may not elect to purchase the residence under Subsection (a) if:(1)  the residence is more than five years old at the time an action is initiated;  or(2)  the contractor makes such an election later than the 15th day after the date of a final, unappealable determination of a dispute under Subtitle D, Title 16, if applicable.(c)  If a contractor elects to purchase the residence under Subsection (a):(1)  the contractor shall pay the original purchase price of the residence and closing costs incurred by the homeowner and the cost of transferring title to the contractor under the election;(2)  the homeowner may recover:(A)  reasonable and necessary attorney's and expert fees as identified in Section 27.004(g);(B)  reimbursement for permanent improvements the owner made to the residence after the date the owner purchased the residence from the builder;  and(C)  reasonable costs to move from the residence;  and(3)  conditioned on the payment of the purchase price, the homeowner shall tender a special warranty deed to the contractor, free of all liens and claims to liens as of the date the title is transferred to the contractor, and without damage caused by the homeowner.(d)  An offer to purchase a claimant's home that complies with this section is considered reasonable absent clear and convincing evidence to the contrary.|Added by Acts 2003, 78th Leg., ch. 458, Sec. 2.05, eff. Sept. 1, 2003.|
TX Prop § 27.005 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.005. Limitations on Effect of Chapter

Sec. 27.005.  LIMITATIONS ON EFFECT OF CHAPTER.  This chapter does not create a cause of action or derivative liability or extend a limitations period.|Added by Acts 1989, 71st Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 189, Sec. 7, eff. Sept. 1, 1999.|
TX Prop § 27.006 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.006. Causation

Sec. 27.006.  CAUSATION.  In an action to recover damages resulting from a construction defect, the claimant must prove that the damages were proximately caused by the construction defect.|Added by Acts 1993, 73rd Leg., ch. 797, Sec. 6, eff. Aug. 30, 1993.|
TX Prop § 27.007 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 27 - Residential Construction Liability|Section 27.007. Disclosure Statement Required

Sec. 27.007.  DISCLOSURE STATEMENT REQUIRED.  (a)  A written contract subject to this chapter, other than a contract between a developer of a condominium and a contractor for the construction or repair of a residence or appurtenance to a residence in a condominium, must contain in the contract a notice printed or typed in 10-point boldface type or the computer equivalent that reads substantially similar to the following:"This contract is subject to Chapter 27 of the Texas Property Code.  The provisions of that chapter may affect your right to recover damages arising from a construction defect.  If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration.  The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect.  If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code."(b)  If a contract does not contain the notice required by this section, the claimant may recover from the contractor a civil penalty of $500 in addition to any other remedy provided by this chapter.(c)  This section does not apply to a contract relating to a home required to be registered under Section 426.003.|Added by Acts 1999, 76th Leg., ch. 189, Sec. 8, eff. Sept. 1, 2000.  Amended by Acts 2003, 78th Leg., ch. 458, Sec. 2.06, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 750 (H.B. 3147), Sec. 2, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 843 (H.B. 1038), Sec. 4, eff. September 1, 2007.|
TX Prop § 28.001 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.001. Definitions

Sec. 28.001.  DEFINITIONS.  In this chapter:(1)  "Contractor" means a person who contracts with an owner to improve real property or perform construction services for an owner.(2)  "Improve" means to:(A)  build, construct, effect, erect, alter, repair, or demolish any improvement on, connected with, or beneath the surface of real property;(B)  excavate, clear, grade, fill, or landscape real property;(C)  construct a driveway or roadway;(D)  furnish any material, including trees or shrubbery, for the purpose of taking any action described by Paragraphs (A)-(C) of this subdivision;  or(E)  perform any labor on or in connection with an improvement.(3)  "Improvement" includes all or any part of:(A)  a building, structure, erection, alteration, demolition, or excavation on, connected with, or beneath the surface of real property;  and(B)  the act of clearing, grading, filling, or landscaping real property, including constructing a driveway or roadway or furnishing trees or shrubbery.(4)  "Owner" means a person or entity, other than a governmental entity, with an interest in real property that is improved, for whom an improvement is made, and who ordered the improvement to be made.(5)  "Real property" includes lands, leaseholds, tenements, hereditaments, and improvements placed on the real property.(6)  "Subcontractor" means a person who contracts to furnish labor or material to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.|
TX Prop § 28.002 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.002. Prompt Pay Required

Sec. 28.002.  PROMPT PAY REQUIRED.  (a)  If an owner or a person authorized to act on behalf of the owner receives a written payment request from a contractor for an amount that is allowed to the contractor under the contract for properly performed work or suitably stored or specially fabricated materials, the owner shall pay the amount to the contractor, less any amount withheld as authorized by statute, not later than the 35th day after the date the owner receives the request.(b)  A contractor who receives a payment under Subsection (a) or otherwise from an owner in connection with a contract to improve real property shall pay each of its subcontractors the portion of the owner's payment, including interest, if any, that is attributable to work properly performed or materials suitably stored or specially fabricated as provided under the contract by that subcontractor, to the extent of that subcontractor's interest in the owner's payment.  The payment required by this subsection must be made not later than the seventh day after the date the contractor receives the owner's payment.(c)  A subcontractor who receives a payment under Subsection (b) or otherwise from a contractor in connection with a contract to improve real property shall pay each of its subcontractors the portion of the payment, including interest, if any, that is attributable to work properly performed or materials suitably stored or specially fabricated as provided under the contract by that subcontractor, to the extent of that subcontractor's interest in the payment.  The payment required by this subsection must be made not later than the seventh day after the date the subcontractor receives the contractor's payment.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 805, Sec. 1, eff. Sept. 1, 1999.|
TX Prop § 28.003 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.003. Exception for Good Faith Dispute; Withholding

Sec. 28.003.  EXCEPTION FOR GOOD FAITH DISPUTE;  WITHHOLDING.  (a)  If a good faith dispute exists concerning the amount owed for a payment requested or required by this chapter under a contract for construction of or improvements to a detached single-family residence, duplex, triplex, or quadruplex, the owner, contractor, or subcontractor that is disputing its obligation to pay or the amount of payment may withhold from the payment owed not more than 110 percent of the difference between the amount the obligee claims is due and the amount the obligor claims is due.  A good faith dispute includes a dispute regarding whether the work was performed in a proper manner.(b)  If a good faith dispute exists concerning the amount owed for a payment requested or required by this chapter under a contract for construction of or improvements to real property, excluding a detached single-family residence, duplex, triplex, or quadruplex, the owner, contractor, or subcontractor that is disputing its obligation to pay or the amount of payment may withhold from the payment owed not more than 100 percent of the difference between the amount the obligee claims is due and the amount the obligor claims is due.  A good faith dispute includes a dispute regarding whether the work was performed in a proper manner.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 805, Sec. 2, eff. Sept. 1, 1999.|
TX Prop § 28.004 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.004. Interest on Overdue Payment

Sec. 28.004.  INTEREST ON OVERDUE PAYMENT.  (a)  An unpaid amount required under this chapter begins to accrue interest on the day after the date on which the payment becomes due.(b)  An unpaid amount bears interest at the rate of 1-1/2 percent each month.(c)  Interest on an unpaid amount stops accruing under this section on the earlier of:(1)  the date of delivery;(2)  the date of mailing, if payment is mailed and delivery occurs within three days;  or(3)  the date a judgment is entered in an action brought under this chapter.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.|
TX Prop § 28.005 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.005. Action to Enforce Payment

Sec. 28.005.  ACTION TO ENFORCE PAYMENT.  (a)  A person may bring an action to enforce the person's rights under this chapter.(b)  In an action brought under this chapter, the court may award costs and reasonable attorney's fees as the court determines equitable and just.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.|
TX Prop § 28.006 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.006. No Waiver

Sec. 28.006.  NO WAIVER.  (a)  Except as provided by Subsection (b), an attempted waiver of a provision of this chapter is void.(b)  A written contract between an owner and a contractor for improvements to or construction of a single-family residence may provide that the payment required under Section 28.002(a) be made not later than a date that occurs before the 61st day after the date the owner receives the payment request.  Notwithstanding Section 28.004(b), an unpaid amount under contract subject to this subsection that allows payment later than the date otherwise required under Section 28.002(a) bears interest at the rate of 1-1/2 percent each month.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.|
TX Prop § 28.007 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.007. Legal Construction

Sec. 28.007.  LEGAL CONSTRUCTION.  (a)  This chapter may not be interpreted to void a contractor's or subcontractor's entitlement to payment for properly performed work or suitably stored materials.(b)  Nothing in this statute shall be interpreted to change the rights and obligations set forth in Chapter 53, Property Code.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.|
TX Prop § 28.008 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.008. Exception for Failure of Lender to Disburse Funds

Sec. 28.008.  EXCEPTION FOR FAILURE OF LENDER TO DISBURSE FUNDS.  The date of payment required of the owner pursuant to Section 28.002(a) shall change from the 35th day after the date the owner receives the payment request to the fifth day after the date the owner receives loan proceeds, in the event that:(1)  the owner has obtained a loan intended to pay for all or part of a contract to improve real property;(2)  the owner has timely and properly requested disbursement of proceeds from that loan;  and(3)  the lender is legally obligated to disburse such proceeds to the owner, but has failed to do so within 35 days after the date the owner received the contractor's payment request.|Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 805, Sec. 3, eff. Sept. 1, 1999.|
TX Prop § 28.010 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 28 - Prompt Payment to Contractors and Subcontractors|Section 28.010. Exemption for Mineral Development and Oilfield Services

Sec. 28.010.  EXEMPTION FOR MINERAL DEVELOPMENT AND OILFIELD SERVICES.  (a)  This chapter does not apply to any agreement:(1)  to explore, produce, or develop oil, natural gas, natural gas liquids, synthetic gas, sulphur, ore, or other mineral substances, including any lease or royalty agreement, joint interest agreement, production or production-related agreement, operating agreement, farmout agreement, area of mutual interest agreement, or other related agreement;(2)  for any well or mine services;  or(3)  to purchase, sell, gather, store, or transport oil, natural gas, natural gas liquids, synthetic gas, or other hydrocarbon substances by pipeline or by a fixed, associated facility.(b)  In this section:(1)  "Agreement" includes a written or oral agreement or understanding:(A)  to provide work or services, including any construction, operating, repair, or maintenance services;  or(B)  to perform a part of the services covered by Paragraph (A) or an act collateral to those services, including furnishing or renting equipment, incidental transportation, or other goods and services furnished in connection with those services.(2)  "Well or mine services" includes:(A)  drilling, deepening, reworking, repairing, improving, testing, treating, perforating, acidizing, logging, conditioning, purchasing, gathering, storing, or transporting oil or natural gas, brine water, fresh water, produced water, condensate, petroleum products, or other liquid commodities, or otherwise rendering services in connection with a well drilled to produce or dispose of oil, gas, or other minerals or water;  and(B)  designing, excavating, constructing, improving, or otherwise rendering services in connection with an oil, gas, or other mineral production platform or facility, mine shaft, drift, or other structure intended directly for use in exploring for or producing a mineral.|Added by Acts 1999, 76th Leg., ch. 805, Sec. 4, eff. Sept. 1, 1999.|