Bill Text: TX HB1693 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to affidavits concerning cost and necessity of services.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1693 Detail]

Download: Texas-2019-HB1693-Introduced.html
  86R9085 SCL-F
 
  By: Smithee H.B. No. 1693
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to affidavits concerning cost and necessity of services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 18.001, Civil Practice and Remedies
  Code, is amended by amending Subsections (b), (c), (d), (e), and (f)
  and adding Subsections (d-1), (g), (h), and (i) to read as follows:
         (b)  Unless a controverting affidavit is served as provided
  by this section, an affidavit that the amount a person charged for a
  service was reasonable at the time and place that the service was
  provided and that the service was necessary is sufficient evidence
  to support a finding of fact by judge or jury that the amount
  charged was reasonable or that the service was necessary. The
  affidavit is not evidence of and does not support a finding of the
  causation element of the cause of action that is the basis for the
  civil action.
         (c)  The affidavit must:
               (1)  be taken before an officer with authority to
  administer oaths;
               (2)  be made by:
                     (A)  the person who provided the service; or
                     (B)  the person in charge of records for the
  provider showing the service provided and charge made; and
               (3)  include an itemized statement of the service and
  charge.
         (d)  The party offering the affidavit in evidence or the
  party's attorney must serve a copy of the affidavit on each other
  party to the case not later than the earlier of:
               (1)  90 [at least 30] days before the date [day on which
  evidence is first presented at] the trial commences; or
               (2)  the date the offering party must designate any
  expert witnesses under a scheduling order [of the case].
         (d-1)  The party offering the affidavit in evidence or the
  party's attorney must file notice with the clerk of the court, not
  later than the latest date for serving a copy of the affidavit under
  Subsection (d), that the party or the attorney served a copy of the
  affidavit in accordance with this section. Except as provided by
  the Texas Rules of Evidence, [the records attached to] the
  affidavit is [are] not required to be filed with the clerk of the
  court before the trial commences.
         (e)  A party intending to controvert a claim reflected by the
  affidavit must serve a copy of the counteraffidavit on each other
  party or the party's attorney of record by the earlier of:
               (1)  60 days before the date the trial commences [not
  later than:
                     [(A)     30 days after the day the party receives a
  copy of the affidavit; and
                     [(B)     at least 14 days before the day on which
  evidence is first presented at the trial of the case]; or
               (2)  the date the controverting party must designate
  expert witnesses under a scheduling order [with leave of the court,
  at any time before the commencement of evidence at trial].
         (f)  The counteraffidavit must give reasonable notice of the
  basis on which the party serving it intends at trial to controvert
  the claim reflected by the initial affidavit and must be taken
  before a person authorized to administer oaths.  The
  counteraffidavit must be made by a person who is qualified, by
  knowledge, skill, experience, training, education, or other
  expertise, to testify in contravention of all or part of any of the
  matters contained in the initial affidavit.  The counteraffidavit
  may not be used to controvert the causation element of the cause of
  action that is the basis for the civil action.
         (g)  Not later than the last date for serving a copy of the
  counteraffidavit under Subsection (e), the party offering the
  counteraffidavit in evidence or the party's attorney must file
  written notice with the clerk of the court that the party or
  attorney served a copy of the counteraffidavit in accordance with
  this section.
         (h)  If continuing services are provided after a relevant
  deadline under this section:
               (1)  a party may supplement an affidavit served by the
  party under Subsection (b) on or before the 30th day before the date
  trial commences; and
               (2)  a party that served a counteraffidavit under
  Subsection (e) may supplement the counteraffidavit on or before the
  14th day before the date trial commences.
         (i)  Notwithstanding Subsections (d), (d-1), (e), (g), and
  (h), a deadline under this section may be altered by all parties to
  an action by agreement or with leave of the court.
         SECTION 2.  The change in law made by this Act applies only
  to an action commenced on or after the effective date of this Act.
  An action commenced before the effective date of this Act is
  governed by the law applicable to the action immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
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