Texas 2019 - 86th Regular

Texas Senate Bill SB1928

Caption

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

Impact

The introduction of SB1928 would impact state laws governing civil litigation related to licensed professionals. By mandating that claimants submit a certificate of merit at the outset, the bill seeks to streamline legal processes and reduce the burden on the courts. It is intended to establish a higher threshold for claims, thereby potentially decreasing the number of cases that can be filed against professionals without sufficient evidence. Opponents may argue that this could also make it harder for legitimate claims to be pursued, particularly for individuals who may not have access to the necessary expert testimony before filing a suit.

Summary

SB1928 pertains to the requirement of a certificate of merit in certain legal actions against licensed or registered professionals such as architects and engineers. The bill aims to amend existing laws in the Civil Practice and Remedies Code, specifically focusing on the need for claimants to file an affidavit from a qualified third-party professional alongside their complaint. This affidavit must affirm the validity of the claims being made against the licensed professionals. Such a measure is intended to discourage frivolous lawsuits by ensuring that only claims with adequate preliminary support can proceed through the legal system.

Sentiment

Sentiments around SB1928 have been generally positive among industry stakeholders, particularly those representing licensed professionals. Proponents argue that the bill promotes accountability and protects professionals from unwarranted legal challenges. On the contrary, opponents, including some legal advocacy groups, express concerns about access to justice for consumers insisting that the requirement for affidavits may act as a barrier to legitimate claims. This division of opinion reflects broader debates about litigation reform and consumer rights in the profession.

Contention

Notable points of contention surrounding SB1928 include concerns about its potential to restrict claimants' ability to sue for damages due to perceived exorbitant requirements for preliminary evidence. Critics suggest that the bill may disproportionately affect individuals who lack financial resources or legal representation, thus limiting their ability to seek redress for grievances against licensed professionals and potentially undermining consumer protection mechanisms. The balance between protecting professionals from frivolous lawsuits and ensuring access to justice for consumers remains a critical area of debate.

Companion Bills

TX HB2440

Same As Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

Previously Filed As

TX HB2007

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

TX SB2488

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

TX SB901

Relating to civil actions or arbitrations involving transportation network companies.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3002

Relating to the authority of certain political subdivisions to issue certificates of obligation.

TX SB569

Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.

TX HB2310

Relating to certain construction defect litigation.

TX HB4179

Relating to assertion of immunity and application of certain laws in certain actions brought against peace officers.

TX HB2331

Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.

Similar Bills

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NJ A2285

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NJ S1425

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MS SB2133

Mississippi Design Professionals Act; enact.

MS SB2217

Mississippi Design Professionals Act; enact.

MI HB4172

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CA SB1024

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MI HB4728

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