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


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-Enrolled.html
 
 
  H.B. No. 1693
 
 
 
 
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), (d), (e), and (f) and
  adding Subsections (d-1), (d-2), (e-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.
         (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 by the earlier of:
               (1)  90 [at least 30] days after [before] the date the
  defendant files an answer;
               (2)  the date the offering party must designate any
  expert witness under a court order; or
               (3)  the date the offering party must designate any
  expert witness as required by the Texas Rules of Civil Procedure 
  [day on which evidence is first presented at the trial of the case].
         (d-1)  Notwithstanding Subsection (d), if services are
  provided for the first time by a provider after the date the
  defendant files an answer, the party offering the affidavit in
  evidence or the party's attorney must serve a copy of the affidavit
  for services provided by that provider on each other party to the
  case by the earlier of:
               (1)  the date the offering party must designate any
  expert witness under a court order; or
               (2)  the date the offering party must designate any
  expert witness as required by the Texas Rules of Civil Procedure.
         (d-2)  The party offering the affidavit in evidence or the
  party's attorney must file notice with the clerk of the court when
  serving the affidavit 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)  120 days after the date the defendant files its
  answer; [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 party offering the counteraffidavit
  must designate expert witnesses under a court order; or
               (3)  the date the party offering the counteraffidavit
  must designate any expert witness as required by the Texas Rules of
  Civil Procedure [with leave of the court, at any time before the
  commencement of evidence at trial].
         (e-1)  Notwithstanding Subsection (e), if the party offering
  the affidavit in evidence serves a copy of the affidavit under
  Subsection (d-1), the party offering the counteraffidavit in
  evidence or the party's attorney must serve a copy of the
  counteraffidavit on each other party to the case by the later of:
               (1)  30 days after service of the affidavit on the party
  offering the counteraffidavit in evidence;
               (2)  the date the party offering the counteraffidavit
  must designate any expert witness under a court order; or
               (3)  the date the party offering the counteraffidavit
  in evidence must designate any expert witness as required by the
  Texas Rules of Civil Procedure.
         (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)  The party offering the counteraffidavit in evidence or
  the party's attorney must file written notice with the clerk of the
  court when serving the counteraffidavit 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 (d) or (d-1) on or before the 60th day before
  the date the trial commences; and
               (2)  a party that served a counteraffidavit under
  Subsection (e) or (e-1) may supplement the counteraffidavit on or
  before the 30th day before the date the trial commences.
         (i)  Notwithstanding Subsections (d), (d-1), (d-2), (e),
  (e-1), (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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1693 was passed by the House on April
  25, 2019, by the following vote:  Yeas 119, Nays 17, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1693 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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