Relating to a certificate of merit in certain actions against certain licensed or registered professionals.
Impact
The implications of SB1579 are significant for both plaintiffs seeking recovery of damages and licensed professionals defending against claims. By mandating that expert testimony must come from a similarly licensed individual, the bill aims to uphold professional standards and accountability. It effectively raises the bar for bringing lawsuits against professionals by introducing a pre-emptive verification step that can potentially deter claims perceived as weak or unfounded, ultimately affecting the overall climate of litigation in the state.
Summary
SB1579 addresses the requirement of a certificate of merit in legal actions against licensed or registered professionals, such as architects and engineers. This bill mandates that any claimant filing a lawsuit must provide an affidavit from a third-party licensed professional who is qualified to testify about the case. The requirement is intended to ensure that only claims with valid expert support proceed through the courts, thereby aiming to reduce frivolous lawsuits against professionals that can harm their careers and businesses.
Contention
Notable points of contention surrounding SB1579 include concerns about access to justice for individuals who might have legitimate claims but may struggle to meet the affidavit requirement. Critics argue that this law could disproportionately impact lower-income claimants who may find it harder to secure the necessary expert testimony upfront. Proponents counter that it is necessary to protect professionals from baseless lawsuits that could threaten their licenses and livelihoods, presenting a classic debate between safeguarding professional integrity and maintaining legal access.
Relating to the Texas Real Estate Research Center, the Real Estate Research Advisory Committee, the Texas Real Estate Commission, and the Texas Appraiser Licensing and Certification Board; increasing a fee; authorizing a fee.
Relating to the Texas Real Estate Research Center, the Real Estate Research Advisory Committee, the Texas Real Estate Commission, and the Texas Appraiser Licensing and Certification Board; increasing a fee; authorizing a fee.
Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends title & secs. 5106, 5108a, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.) & adds secs. 5106a & 5106b. TIE BAR WITH: HB 4171'23
Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.