Texas House Bill HB3293

Texas 2021 - 87th Regular

Caption

Relating to the certificate of merit required for certain civil actions against certain licensed or registered professionals.

Impact

This change in law is intended to enhance the quality and credibility of affidavits submitted in civil actions, thereby ensuring that claims against professionals are well-founded and substantiated. By establishing strict requirements for the certificate of merit, HB3293 is set to potentially reduce frivolous lawsuits against professionals such as doctors, architects, and engineers, thereby transforming the landscape of professional liability litigation in Texas.

Summary

House Bill 3293 aims to amend the Civil Practice and Remedies Code by introducing specific requirements for the certificate of merit that must accompany certain civil actions against licensed or registered professionals. The bill mandates that the affidavit submitted must detail the affiant's familiarity with the relevant practice area and provide sufficient facts to establish their qualifications to offer an opinion regarding the matters in question. Additionally, the affiant must attach a curriculum vitae or a similar document demonstrating their qualifications.

Contention

Points of contention regarding the bill may arise particularly from advocacy groups that represent the interests of consumers who might be affected by the implementation of such stringent requirements. Critics may argue that these changes could inhibit access to justice for legitimate claims against licensed professionals, as the increased burdens of proof might deter individuals from pursuing valid lawsuits. Furthermore, there may be concerns regarding the enforcement and potential benefits to professionals at the cost of protecting consumer rights.