Section 2272.004 - [Multiple Versions] Opportunity to Inspect and Correct(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.Tex. Gov't. Code § 2272.004
Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1287,Sec. 1, eff. 6/14/2019.