HB1922

Regular Session

Relating to the accrual of a cause of action for purposes of certain laws governing certain construction liability claims.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Civil Courts

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to legislative supermajority).
Compliance Deadline: June 20, 2025. Procedures must be active by this date to handle incoming claims correctly.
Agency Rulemaking: None. This is a statutory change enforced by the courts; no state agency will issue further guidance.

Immediate Action Plan

Immediately issue a directive to mailroom staff: "Do not discard envelopes from governmental entities."
Update your litigation hold software/spreadsheets to calculate deadlines based on "Postmark Date" rather than "Receipt Date" for public entity claims.
Consult with outside counsel regarding the "Non-USPS Defense" strategy for any claims received via private courier after June 20, 2025.
Verify that your professional liability and CGL carriers are aware that your procedural accrual date (Chapter 2272) may differ from your coverage trigger date.

Operational Changes Required

Contracts

Review Notice Provisions: Audit Master Service Agreements (MSAs) with governmental entities. While statutory law supersedes contract terms, ensure your "Notice of Claim" sections do not contain language conflicting with the USPS postmark accrual definition, which could create costly venue or procedural disputes.

Hiring/Training

Mailroom & Intake Training: Train administrative staff and mailroom personnel immediately. They must stop the common practice of discarding envelopes after opening legal notices.
Docketing Staff: Retrain legal assistants to log the postmark date as the accrual trigger in case management software, rather than the date stamped "Received."

Reporting & Record-Keeping

Evidence Preservation: You must retain the physical envelope for any Chapter 2272 defect report.
Digital Scanning Protocol: Update scanning workflows. The envelope (front and back) must be scanned as Page 1 of the digital packet for any incoming claim from a public entity.
Dual-Track Docketing: Maintain two separate tracking dates:
1. Postmark Date: For Chapter 2272 procedural compliance.
2. Date of Occurrence/Damage: For insurance coverage triggers and Statute of Repose calculations (which remain unchanged by this law).

Fees & Costs

No New Government Fees: There are no filing fees associated with this change.
Litigation Costs: Failure to capture the postmark date could result in missed deadlines for counter-claims or dispute resolution steps, leading to default judgments or procedural waivers.

Strategic Ambiguities & Considerations

Non-USPS Delivery: The statute explicitly specifies the "United States Postal Service." It is silent regarding reports sent via FedEx, UPS, or private courier. If a governmental entity uses a private carrier, defense counsel should be prepared to argue that the cause of action under Chapter 2272 has not technically accrued.
Illegible Postmarks: Metered mail or damaged envelopes may lack a legible date. In the absence of a clear postmark, the accrual date becomes a fact issue. Businesses must retain tracking numbers and receipt logs to reconstruct the mailing timeline if the postmark is unreadable.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCivil Remedies & Liabilities Building Construction Construction & Building Materials Construction & Heavy Equipment Contractors & Subcontractors Statutes of Limitations

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 1922

By: Dean

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that while government contractors are able to be notified of, and have the opportunity to address, construction defects under the state's right to repair statute, a loophole exists regarding the accrual date of a cause of action, which creates inconsistencies and potential liabilities for contractors. The bill author has also informed the committee that this ambiguity can lead to costly legal disputes and undermine the intention of the right to repair statute to provide a straightforward process for handling defect claims. H.B. 1922 seeks to address this issue and eliminate confusion and inconsistency by establishing the date on which an applicable cause of action accrues.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1922 amends the Government Code to establish that, for purposes of state law governing certain construction liability claims by a governmental entity against a contractor, subcontractor, supplier, or design professional, a cause of action accrues on the date the governmental entity's report to the applicable contractors detailing the basis for the claim is postmarked by USPS. The bill establishes that the date of the accrual of a cause of an action for all other purposes is unaffected by the bill, including the date of an occurrence under an applicable insurance policy and the date a cause of action accrues for purposes of determining whether the action is barred by a statute of limitations or repose.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Jay DeanRepublican · Primary Author

Joint Authors

Coauthors (6)

Senate Sponsor

Sen. Mayes MiddletonRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 1922

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the accrual of a cause of action for purposes of certain
	laws governing certain construction liability claims.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 2272, Government Code, is amended by
	adding Section 2272.010 to read as follows:
	Sec. 2272.010. ACCRUAL OF CAUSE OF ACTION. For purposes of
	this chapter only, a cause of action accrues on the date the report
	required by Section 2272.003 is postmarked by the United States
	Postal Service. For all other purposes, including the date of an
	occurrence under an applicable insurance policy and the date a
	cause of action accrues for purposes of determining whether the
	action is barred by a statute of limitations or repose, the date of
	the accrual of a cause of action is unaffected by this section.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 24, 2025

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB1922 by Dean (Relating to the accrual of a cause of action for purposes of certain laws governing certain construction liability claims.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, KDw, JPa

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Frequently Asked Questions

Common questions about HB1922

What does Texas HB1922 do?

HB1922 establishes a strict "mailbox rule" for public works construction defect claims: the cause of action now accrues specifically on the date the defect report is postmarked by the USPS, not the date of receipt. This legislation impacts all general contractors, subcontractors, and design professionals contracting with Texas governmental entities, necessitating immediate changes to mailroom intake and evidence preservation procedures. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to legislative supermajority).

Who authored HB1922?

HB1922 was authored by Texas Representative Jay Dean during the Regular Session.

When was HB1922 signed into law?

HB1922 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB1922?

HB1922 is enforced by Texas Civil Courts.

How urgent is compliance with HB1922?

The compliance urgency for HB1922 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB1922?

The cost impact of HB1922 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB1922 address?

HB1922 addresses topics including civil remedies & liabilities, building construction, construction & building materials, construction & heavy equipment and contractors & subcontractors.

Legislative data provided by LegiScanLast updated: November 25, 2025

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