Bill Text: TX HB2440 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-15 - Committee report sent to Calendars [HB2440 Detail]

Download: Texas-2019-HB2440-Introduced.html
  86R7034 BRG-F
 
  By: Krause H.B. No. 2440
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a certificate of merit in certain actions against
  certain licensed or registered professionals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 150.001, Civil Practice and Remedies
  Code, is amended by amending Subdivisions (1-a) and (1-b) and
  adding Subdivision (1-c) to read as follows:
               (1-a) "Claimant" means a party, including a plaintiff
  or third-party plaintiff, seeking recovery for damages,
  contribution, or indemnification.
               (1-b) "Licensed or registered professional" means a
  licensed architect, licensed professional engineer, registered
  professional land surveyor, registered landscape architect, or any
  firm in which such licensed or registered professional practices,
  including but not limited to a corporation, professional
  corporation, limited liability corporation, partnership, limited
  liability partnership, sole proprietorship, joint venture, or any
  other business entity.
               (1-c) [(1-b)]  "National model code group" means an
  organization consisting of industry and government fire and
  building safety officials that develops and promulgates a national
  model code, as defined by Section 214.217, Local Government Code.
         SECTION 2.  Sections 150.002(a), (c), and (e), Civil
  Practice and Remedies Code, are amended to read as follows:
         (a)  In any action or arbitration proceeding for damages
  arising out of the provision of professional services by a licensed
  or registered professional, a claimant [the plaintiff] shall be
  required to file with the complaint an affidavit of a third-party
  licensed architect, licensed professional engineer, registered
  landscape architect, or registered professional land surveyor who:
               (1)  is competent to testify;
               (2)  holds the same professional license or
  registration as the defendant; and
               (3)  practices [is knowledgeable] in the area of
  practice of the defendant and offers testimony based on the
  person's:
                     (A)  knowledge;
                     (B)  skill;
                     (C)  experience;
                     (D)  education;
                     (E)  training; and
                     (F)  practice.
         (c)  The contemporaneous filing requirement of Subsection
  (a) shall not apply to any case in which the period of limitation
  will expire within 10 days of the date of filing and, because of
  such time constraints, a claimant [the plaintiff] has alleged that
  an affidavit of a third-party licensed architect, licensed
  professional engineer, registered landscape architect, or
  registered professional land surveyor could not be prepared.  In
  such cases, the claimant [plaintiff] shall have 30 days after the
  filing of the complaint to supplement the pleadings with the
  affidavit.  The trial court may, on motion, after hearing and for
  good cause, extend such time as it shall determine justice
  requires.
         (e)  A claimant's [The plaintiff's] failure to file the
  affidavit in accordance with this section shall result in dismissal
  of the complaint against the defendant.  This dismissal may be with
  prejudice.
         SECTION 3.  The change in law made by this Act applies only
  to an action or arbitration proceeding commenced on or after the
  effective date of this Act. An action or arbitration proceeding
  commenced before the effective date of this Act is governed by the
  law in effect immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
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