Bill Text: TX HB4123 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the amendment of an original petition in an action on a sworn account.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB4123 Detail]
Download: Texas-2019-HB4123-Introduced.html
| 86R14235 AJA-D | ||
| By: Johnson of Harris | H.B. No. 4123 | |
|
|
||
|
|
||
| relating to the amendment of an original petition in an action on a | ||
| sworn account. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 30, Civil Practice and Remedies Code, is | ||
| amended by adding Section 30.022 to read as follows: | ||
| Sec. 30.022. AMENDMENT OF ORIGINAL PETITION IN ACTION ON | ||
| SWORN ACCOUNT. (a) Notwithstanding the Texas Rules of Civil | ||
| Procedure, a plaintiff is not required to amend an original | ||
| petition in an action on a sworn account to reflect a payment on the | ||
| account made after the petition is filed unless the total amount of | ||
| all payments made after the petition is filed equals or exceeds 50 | ||
| percent of the amount claimed in the petition. | ||
| (b) Notwithstanding Section 22.004, Government Code, the | ||
| supreme court may not amend or adopt rules in conflict with this | ||
| section. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an original petition filed on or after the effective date of this | ||
| Act. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
