APPLICATION OF CHAPTER.
Tex. PROP Code § 27.002.
in effect(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) 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) or a common law cause of action, this chapter 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:
(1) a violation of Section 27.01 , Business & Commerce Code;
(2) a contractor's wrongful abandonment of an improvement project before completion; or
(3) a violation of Chapter 162 .
Added by Acts 1989, 71st Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 797, Sec. 3, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 189, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 458, Sec. 2.02, eff. Sept. 1, 2003.