Tex. Gov't Code § 2272.004 · Chapter 2272. CERTAIN CONSTRUCTION LIABILITY CLAIMS
OPPORTUNITY TO INSPECT AND CORRECT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Before bringing an action asserting a claim to which this chapter applies, the governmental entity must allow each party with whom the governmental entity has a contract for the design or construction of an affected structure and who is subject to the claim and any known subcontractor or supplier who is subject to the claim:
(1) a reasonable opportunity to inspect any construction defect or related condition identified in the report for a period of 30 days after sending the report required by Section 2272.003; and
(2) at least 120 days after the inspection to:
(A) correct any construction defect or related condition identified in the report; or
(B) enter into a separate agreement with the governmental entity to correct any construction defect or related condition identified in the report.
(b) The governmental entity is not required to allow a party to make a correction or repair under Subsection (a) if:
(1) the party:
(A) is a contractor and cannot provide payment and performance bonds to cover the corrective work;
(B) cannot provide liability insurance or workers' compensation insurance;
(C) has been previously terminated for cause by the governmental entity; or
(D) has been convicted of a felony; or
(2) the governmental entity previously complied with the process required by Subsection (a) regarding a construction defect or related condition identified in the report and:
(A) the defect or condition was not corrected as required by Subsection (a)(2)(A) or an agreement under Subsection (a)(2)(B); or
(B) the attempt to correct the construction defect or related condition identified in the report resulted in a new construction defect or related condition.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2272.htm
- Text hash
- sha256 1383208eb98d022cff70be7572be35b9f2f1d35279f0ff6a6a9ace310745e9d5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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