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TX HB3847
Bill
Status
3/5/2025
Primary Sponsor
Terry Canales
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AI Summary
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Establishes new pleading requirements for commercial construction defect claims, requiring claimants to describe with particularity each alleged defect, state the factual basis linking the defendant's work to the defect, and have the petition verified by a person with knowledge of the facts
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Allows defendants to file motions to dismiss within 21 days of service for petitions that fail to meet pleading requirements, with hearings required within 30 days of the motion being served
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Filing a motion to dismiss automatically abates discovery response deadlines until the motion is resolved; claimants may replead their claims up to 7 days before the dismissal hearing
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Specifies that filing a non-compliant petition does not toll the statute of limitations, and insufficient petitions filed merely to avoid limitations expiration cannot be considered "good cause" to extend hearing deadlines
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Authorizes courts to award attorney's fees and costs to prevailing parties on dismissal motions, and requires sanctions against anyone who verifies a petition or signs an affidavit containing facts they knew or should have known were untrue
Legislative Description
Relating to certain construction defect litigation.
Property Interests
Last Action
Left pending in committee
5/1/2025