reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24A - Access to Residence or Former Residence to Retrieve Personal Property › Section 24A.0021. Temporary Ex Parte Writ Authorizing Entry and Property Retrieval

Sec. 24A.0021.  TEMPORARY EX PARTE WRIT AUTHORIZING ENTRY AND PROPERTY RETRIEVAL.  (a)  A court may issue a writ under Section 24A.002 without providing notice and hearing under Section 24A.002(e)(5) if the court finds at a hearing on the application that:
(1)  the conditions of Sections 24A.002(e)(1)-(4) are established;
(2)  the current occupant poses a clear and present danger of family violence to the applicant or the applicant's dependent; and
(3)  the personal harm to be suffered by the applicant or the applicant's dependent will be immediate and irreparable if the application is not granted.
(b)  A court issuing a writ under this section may waive the bond requirements under Sections 24A.002(c) and (d).
(c)  The court may recess a hearing under Subsection (a) to notify the current occupant by telephone that the current occupant may attend the hearing or bring to the court the personal property listed in the application. The court shall reconvene the hearing before 5 p.m. that day regardless of whether the current occupant attends the hearing or brings the personal property to the court.
(d)  A temporary ex parte writ issued under Subsection (a) must state the period, not to exceed five days, during which the writ is valid.
Added by Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 451 (H.B. 1012), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24A - Access to Residence or Former Residence to Retrieve Personal Property › Section 24A.003. Authorized Entry Procedures; Duties of Peace Officer

Sec. 24A.003.  AUTHORIZED ENTRY PROCEDURES; DUTIES OF PEACE OFFICER.  (a)  If the court grants an application under Section 24A.002 or Section 24A.0021, a peace officer shall accompany and assist the applicant in making the authorized entry and retrieving the items of personal property listed in the application.
(b)  If the current occupant of the residence is present at the time of the entry, the peace officer shall provide the occupant with a copy of the writ authorizing the entry and property retrieval.
(c)  Before removing the property listed in the application from the residence, the applicant must submit all property retrieved to the peace officer assisting the applicant under this section to be inventoried.  The peace officer shall create an inventory listing the items taken from the residence, provide a copy of the inventory to the applicant, provide a copy of the inventory to the current occupant or, if the current occupant is not present, leave the copy in a conspicuous place in the residence, and return the property to be removed from the residence to the applicant.  The officer shall file the original inventory with the court that issued the writ authorizing the entry and property retrieval.
(d)  A peace officer may use reasonable force in providing assistance under this section.
(e)  A peace officer who provides assistance under this section in good faith and with reasonable diligence is not:
(1)  civilly liable for an act or omission of the officer that arises in connection with providing the assistance; or
(2)  civilly or criminally liable for the wrongful appropriation of any personal property by the person the officer is assisting.
Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 2, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 451 (H.B. 1012), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24A - Access to Residence or Former Residence to Retrieve Personal Property › Section 24A.004. Immunity From Liability

Sec. 24A.004.  IMMUNITY FROM LIABILITY.  A landlord or a landlord's agent who permits or facilitates entry into a residence in accordance with a writ issued under this chapter is not civilly or criminally liable for an act or omission that arises in connection with permitting or facilitating the entry.
Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24A - Access to Residence or Former Residence to Retrieve Personal Property › Section 24A.005. Offense

Sec. 24A.005.  OFFENSE.  (a)  A person commits an offense if the person interferes with a person or peace officer entering a residence and retrieving personal property under the authority of a writ issued under Section 24A.002 or 24A.0021.
(b)  An offense under this section is a Class B misdemeanor.
(c)  It is a defense to prosecution under this section that the actor did not receive a copy of the writ or other notice that the entry or property retrieval was authorized.
Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24A - Access to Residence or Former Residence to Retrieve Personal Property › Section 24A.006. Hearing; Review

Sec. 24A.006.  HEARING; REVIEW.  (a)  The occupant of a residence that is the subject of a writ issued under Section 24A.002 or 24A.0021, not later than the 10th day after the date of the authorized entry, may file a complaint in the court that issued the writ alleging that the applicant has appropriated property belonging to the occupant or the occupant's dependent.
(b)  The court shall promptly hold a hearing on a complaint submitted under this section and rule on the disposition of the disputed property.
(c)  This section does not limit the occupant's remedies under any other law for recovery of the property of the occupant or the occupant's dependent.
Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 25 - Trial of Right of Property › Section 25.001. Jurisdiction

Sec. 25.001.  JURISDICTION.  A trial of the right of property is an action that applies only to personal property.  A trial of the right of property must be tried in a court with jurisdiction of the amount in controversy.
Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 25 - Trial of Right of Property › Section 25.002. Damages

Sec. 25.002.  DAMAGES.  If a claimant in a trial of the right of property does not establish a right to the property, the court shall adjudge damages against the obligors in the claimant's bond equal to 10 percent of the lesser of:
(1)  the property's value;  or
(2)  the amount claimed under the writ levied against the property.
Acts 1983, 68th Leg., p. 3517, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.001. Definitions

Sec. 26.001.  DEFINITIONS.  In this chapter:
(1)  "Photograph" means a photograph or photographic reproduction, still or moving, videotape, or live television transmission of an individual in a manner that allows a person viewing the photograph with the naked eye to reasonably determine the identity of the individual.
(2)  "Property right" means the property right created by this chapter.
(3)  "Name" means the actual or assumed name used by an individual which, when used in conjunction with other information, is intended to identify a particular person.
(4)  "Media enterprise" means a newspaper, magazine, radio station or network, television station or network, or cable television system.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.002. Property Right Established

Sec. 26.002.  PROPERTY RIGHT ESTABLISHED.  An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.003. Applicability

Sec. 26.003.  APPLICABILITY.  This chapter applies to an individual:
(1)  alive on or after September 1, 1987, or who died before September 1, 1987, but on or after January 1, 1937;  and
(2)  whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death or comes to have commercial value after that time.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.004. Transferability

Sec. 26.004.  TRANSFERABILITY.  (a)  The property right is freely transferable, in whole or in part, by contract or by means of trust or testamentary documents.
(b)  The property right may be transferred before or after the death of the individual.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.005. Ownership After Death of Individual

Sec. 26.005.  OWNERSHIP AFTER DEATH OF INDIVIDUAL.  (a)  If the ownership of the property right of an individual has not been transferred at or before the death of the individual, the property right vests as follows:
(1)  if there is a surviving spouse but there are no surviving children or grandchildren, the entire interest vests in the surviving spouse;
(2)  if there is a surviving spouse and surviving children or grandchildren, one-half the interest vests in the surviving spouse and one-half the interest vests in the surviving children or grandchildren;
(3)  if there is no surviving spouse, the entire interest vests in the surviving children of the deceased individual and the surviving children of any deceased children of the deceased individual;  or
(4)  if there is no surviving spouse, children, or grandchildren, the entire interest vests in the surviving parents of the deceased individual.
(b)  The interests of the deceased individual's children and grandchildren are divided among them and exercisable on a per stirpes basis in the manner provided by Section 201.101, Estates Code, according to the number of the deceased individual's children represented.  If there is more than one child of a deceased child of the deceased individual, the share of a child of a deceased child may only be exercised by a majority of the children of the deceased child.
(c)  If the property right is split among more than one person, those persons who own more than a one-half interest in the aggregate may exercise the right on behalf of all persons who own the right.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.058, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.006. Registration of Claim

Sec. 26.006.  REGISTRATION OF CLAIM.  (a)  A person who claims to own a property right may register that claim with the secretary of state.
(b)  The secretary of state shall provide a form for registration of a claim under this section.  The form must be verified and must include:
(1)  the name and date of death of the deceased individual;
(2)  the name and address of the claimant;
(3)  a statement of the basis of the claim;  and
(4)  a statement of the right claimed.
(c)  The secretary of state may microfilm or reproduce by another technique a document filed under this section and destroy the original document.
(d)  A document or a reproduction of a document filed under this section is admissible in evidence.
(e)  The secretary of state may destroy all documents filed under this section after the 50th anniversary of the date of death of the individual whose property right they concern.
(f)  The fee for filing a claim is $25.
(g)  A document filed under this section is a public record.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.007. Effect of Registration

Sec. 26.007.  EFFECT OF REGISTRATION.  (a)  Registration of a claim is prima facie evidence of a valid claim to a property right.
(b)  A registered claim is superior to a conflicting, unregistered claim unless a court invalidates the registered claim.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.008. Exercise of Ownership for First Year Following Death of Individual

Sec. 26.008.  EXERCISE OF OWNERSHIP FOR FIRST YEAR FOLLOWING DEATH OF INDIVIDUAL.  (a)  Except as provided by Subsection (b), for the first year following the death of the individual a property right may be exercised, if authorized by law or an appointing court, by the following persons who may be appointed by a court for the benefit of the estate of the deceased individual:
(1)  an independent executor;
(2)  an executor;
(3)  an independent administrator;
(4)  a temporary or permanent administrator;  or
(5)  a temporary or permanent guardian.
(b)  For the first year following the death of the individual, an owner of a property right may exercise that right only if the owner registers a valid claim as provided by Section 26.006.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.009. Exercise of Ownership After First Year Following Death of Individual

Sec. 26.009.  EXERCISE OF OWNERSHIP AFTER FIRST YEAR FOLLOWING DEATH OF INDIVIDUAL.  After the first year following the death of the individual, an owner of a property right may exercise that right whether or not the owner has registered a claim as provided by Section 26.006.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.010. Termination

Sec. 26.010.  TERMINATION.  A property right expires on the first anniversary of the date of death of the individual if:
(1)  the individual has not transferred the right;  and
(2)  a surviving person under Section 26.005 does not exist.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.011. Unauthorized Uses

Sec. 26.011.  UNAUTHORIZED USES.  Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including:
(1)  in connection with products, merchandise, or goods;  or
(2)  for the purpose of advertising, selling, or soliciting the purchase of products, merchandise, goods, or services.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.012. Permitted Uses

Sec. 26.012.  PERMITTED USES.  (a)  A person may use a deceased individual's name, voice, signature, photograph, or likeness in:
(1)  a play, book, film, radio program, or television program;
(2)  a magazine or newspaper article;
(3)  material that is primarily of political or newsworthy value;
(4)  single and original works of fine art;  or
(5)  an advertisement or commercial announcement concerning a use under this subsection.
(b)  A media enterprise may use a deceased individual's name, voice, signature, photograph, or likeness in connection with the coverage of news, public affairs, a sporting event, or a political campaign without consent.  Any use other than the above by a media enterprise of a deceased individual's name, voice, signature, photograph, or likeness shall require consent if the material constituting the use is integrally and directly connected with commercial sponsorship or paid advertising.  No consent shall be required for the use of the deceased individual's name, voice, signature, photograph, or likeness by a media enterprise if the broadcast or article is not commercially sponsored or does not contain paid advertising.
(c)  A person who is an owner or employee of a media enterprise, including a newspaper, magazine, radio station or network, television station or network, cable television system, billboard, or transit ad, that is used for advertising a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this section is not liable for damages as provided by this section unless the person:
(1)  knew that the use was not authorized by this section;  or
(2)  used the deceased individual's name, voice, signature, photograph, or likeness in a manner primarily intended to advertise or promote the media enterprise itself.
(d)  A person may use a deceased individual's name, voice, signature, photograph, or likeness in any manner after the 50th anniversary of the date of the individual's death.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 26 - Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness › Section 26.013. Liability for Unauthorized Use

Sec. 26.013.  LIABILITY FOR UNAUTHORIZED USE.  (a)  A person who uses a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this chapter is liable to the person who owns the property right for:
(1)  the amount of any damages sustained, as a result of the unauthorized use, by the person who owns the property right or $2,500, whichever is greater;
(2)  the amount of any profits from the unauthorized use that are attributable to that use;
(3)  the amount of any exemplary damages that may be awarded;  and
(4)  reasonable attorney's fees and expenses and court costs incurred in recovering the damages and profits established by this section.
(b)  The amount of profits under Subsection (a)(2) may be established by a showing of the gross revenue attributable to the unauthorized use minus any expenses that the person who committed the unauthorized use may prove.
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
2023 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.
2023 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.
2023 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)  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.
(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.
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 2, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 2, eff. September 1, 2023.
2023 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 subject to this chapter arising from a construction defect:
(1)  a contractor is liable only to the extent a defective condition proximately causes:
(A)  actual physical damage to the residence;
(B)  an actual failure or lack of capability of a building component to perform its intended function or purpose; or
(C)  a verifiable danger to the safety of the occupants of the residence;
(2)  a contractor is not liable for 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)  mitigate the damages;
(ii)  maintain the residence; or
(iii)  timely notify a contractor of a construction defect;
(C)  normal wear, tear, or deterioration;
(D)  normal cracking or shrinkage cracking 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, modified, or inaccurate and the contractor did not know and could not reasonably have known of the falsity, modification, or inaccuracy of the information; and
(3)  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 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.
(c)  To maintain a claim of breach of a warranty of habitability, a claimant must establish that a construction defect:
(1)   was latent at the time the residence was completed or title was conveyed to the original purchaser; and
(2)  has rendered the residence unsuitable for its intended use as a home.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 3, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 3, eff. September 1, 2023.
2023 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.
2023 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.
2023 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, 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)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 8(2), eff. September 1, 2023.
(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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 5, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 5, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 8(2), eff. September 1, 2023.
2023 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.
2023 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:
(1)  the construction defect existed at the time of completion of the construction, alteration, or repair; and
(2)  the damages were proximately caused by the construction defect.
Added by Acts 1993, 73rd Leg., ch. 797, Sec. 6, eff. Aug. 30, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 6, eff. September 1, 2023.
2023 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)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 13(4), eff. May 29, 2023, and Ch. 441 (H.B. 2022), Sec. 8(3), eff. September 1, 2023.
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.
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 13(4), eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 8(3), eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 27 - Residential Construction Liability › Section 27.008. Effect of Arbitration on Limitations Period

Sec. 27.008.  EFFECT OF ARBITRATION ON LIMITATIONS PERIOD.  The submission of an action subject to this chapter to arbitration has the same effect on the running of a limitations period as a filing in a court in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 27 - Residential Construction Liability › Section 27.009. No Waiver

Sec. 27.009.  NO WAIVER.  An attempted waiver of the provisions of this chapter in a contract subject to this chapter is void.
Added by Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 7, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 28 - Prompt Payment to Contractors and Subcontractors › Section 28.0091. Unsigned Change Order

Sec. 28.0091.  UNSIGNED CHANGE ORDER.  (a)  A contractor or subcontractor may elect not to proceed with additional work directed by an owner if:
(1)  the contractor or subcontractor has not received a written, fully executed change order for the owner-directed additional work; and
(2)  the aggregate actual or anticipated value of the additional work plus any previous owner-directed additional work for which the contractor or subcontractor has not received a written, fully executed change order exceeds 10 percent of the contractor's or subcontractor's original contract amount.
(b)  A contractor or subcontractor who elects not to proceed with additional work as provided by this section is not responsible for damages associated with the election not to proceed.
Added by Acts 2023, 88th Leg., R.S., Ch. 533 (H.B. 3485), Sec. 2, eff. September 1, 2023.
2023 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.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 29 - Forced Sale of Owner's Interest in Certain Real Property as Reimbursement for Property Taxes Paid by Co-Owner on Owner's Behalf › Section 29.001. Application of Chapter

Sec. 29.001.  APPLICATION OF CHAPTER.  This chapter applies only to real property that is not exempt from forced sale under the constitution or laws of this state and is:
(1)  received by a person as a result of the death of another person:
(A)  by inheritance;
(B)  under a will;
(C)  by a joint tenancy with a right of survivorship;  or
(D)  by any other survivorship agreement in which the interest of the decedent passes to a surviving beneficiary other than an agreement between spouses for community property with a right of survivorship;  or
(2)  owned in part by a nonprofit organization that is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, and its subsequent amendments, by being listed as an exempt organization under Section 501(c)(3), Internal Revenue Code of 1986, and its subsequent amendments, that:
(A)  has been incorporated in this state for at least one year;
(B)  has a corporate purpose to develop affordable housing that is stated in the articles of incorporation or charter;
(C)  has at least one-fourth of its board of directors residing in the county in which the property is located;  and
(D)  engages primarily in the building, repair, rental, or sale of housing for low-income individuals or families.
Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2001.