Texas Property Code § 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) Except as provided by this subsection, 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)   1 or a common law cause of action, this chapter prevails.  To the extent of conflict between this chapter and Title 16, Title 16 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:

(2) a contractor's wrongful abandonment of an improvement project before completion;  or

(3) a violation of Chapter 162.

1 V.T.C.A., Bus. & C. § 17.41 et seq.

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