Good morning, Chairman Leach and members of the committee.
My name is Josue Reyes. I am a general contractor with over 27 years of experience in the Texas construction industry. I am the President and CEO of D. Wilson Construction Co. in McAllen, Texas. I also serve as a Board Member of the Associated Builders and Contractors of Texas.
I am here today to voice my strong support for House Bill 1922, which clarifies how and when a cause of action accrues under the Right to Repair law found in Chapter 2272 of the Government Code.
Throughout my career, I have prioritized quality workmanship and maintaining open lines of communication with clients—especially when problems arise. But under the current legal framework, contractors like myself are often exposed to open-ended litigation timelines that make it harder—not easier—to resolve disputes fairly and efficiently.
I have personally dealt with lawsuits that have dragged on for years, many times long after the statute of repose passed. I was never informed of the specific nature of the alleged defect before these lawsuits were filed. Because of that, I never had a chance to fix the issue directly. I faced rising legal costs and damage to my reputation—not because I refused to fix something, but because the process for right to repair was not followed.
The Right to Repair law was passed to fix these problems and represents significant progress for the integrity of the construction industry and businesses like mine. However, the realized uncertainty in whether its requirements will apply undercuts its purpose. My company is personally involved with five lawsuits that were filed after the Right to Repair bill was passed in 2019. The plaintiff’s attorney in those cases improperly circumvented the intent of the Right to Repair law by arguing the claims accrued before the law took effect. We never received lists of the alleged defects for these five projects before the lawsuits were filed and never had the chance to perform any pre-suit repairs.
We continue to face the same problems of rising costs, reputational damage, and the inability to perform pre-suit repairs that existed before the Right to Repair law was passed. We remain at risk of being subjected to years-long litigation over unspecified or undisclosed allegations without being afforded an opportunity to resolve the claimed defects or enough information to fully evaluate and defend against them.
This is not how the Right to Repair law was supposed to work. Chapter 2272 was designed to give contractors the opportunity to address concerns before a lawsuit is filed, while still protecting public entities. But over time, trial lawyers have taken advantage of vague language in the statute, using it to stretch out lawsuits and increase legal fees—rather than helping property owners get timely resolutions. This is bad business for our public sector clients and results in higher costs, limited competition and decreased our access to general liability insurance coverage in Texas.
HB 1922 closes one of those loopholes. It makes a simple clarification: that for purposes of Chapter 2272, a cause of action accrues when the contractor’s report is postmarked by the U.S. Postal Service. This change provides a clear starting point so both parties know when the legal timeline begins while assuring potential parties the notice and opportunity procedures will be applicable, not easily avoided for years to come. It adds certainty. It adds fairness. And it reinforces what the law was originally intended to do.
Right to repair works best when we can talk, fix issues, and move forward—not when we are trapped in endless frivolous litigation. HB 1922 helps us do just that.
I respectfully urge the committee to support House Bill 1922 and help bring much-needed clarity and consistency to Texas' construction liability laws.
Thank you for your time.
Editor’s Note: The above commentary consists of prepared written testimony penned by Josue Reyes, president and CEO of D. Wilson Construction. The testimony was presented to the Texas State House Committee on Judiciary & Civil Jurisprudence on March 26, 2025.
Editor's Note: The "Chairman Leach" referenced in the above guest column refers to state Rep. Jeff Leach, R-McKinney, chair of the House Committee on Judiciary & Civil Jurisprudence.
