Bill Text: TX SB1928 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to a certificate of merit in certain actions against certain licensed or registered professionals.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB1928 Detail]
Download: Texas-2019-SB1928-Enrolled.html
S.B. No. 1928 |
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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 Subdivisions (1-c) and (1-d) 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) "Complaint" means any petition or other pleading | ||
which, for the first time, raises a claim against a licensed or | ||
registered professional for damages arising out of the provision of | ||
professional services by the licensed or registered professional. | ||
(1-c) "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-d) [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1928 passed the Senate on | ||
April 26, 2019, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 23, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1928 passed the House, with | ||
amendment, on May 15, 2019, by the following vote: Yeas 147, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |