TX HB2021

Expands construction liability claim procedures under Chapter 2272, Government Code to cover private construction contracts exceeding $10 million, in addition to existing coverage for public buildings and works

Defines "Critical Infrastructure Facility" by reference to Chapter 59 of the Business and Commerce Code, but explicitly excludes 13 categories from the chapter's requirements, including natural gas facilities, LNG terminals, telecommunications structures, pipelines, oil/gas drilling sites, dams, and freight transportation facilities

Requires governmental entities or private owners to provide a written report via certified mail identifying specific construction defects before filing a claim, with contractors required to forward the report to affected subcontractors within 5 days

Mandates a 30-day inspection period after the report is sent, followed by at least 120 days for the contractor to correct defects or enter into a repair agreement before litigation can proceed

Authorizes dismissal without prejudice for first-time failure to comply with pre-suit requirements, and dismissal with prejudice for a second non-compliant filing; allows recovery of reasonable report costs from the party responsible for the construction defect

Takes effect September 1, 2025