81R9580 CAE-D
By: Carona S.B. No. 1201
A BILL TO BE ENTITLED
AN ACT
relating to an affidavit required to be filed in a cause of action
against certain licensed or registered professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 150, Civil Practice and
Remedies Code, as amended by Chapters 189 (H.B. 854) and 208 (H.B.
1573), Acts of the 79th Legislature, Regular Session, 2005, is
reenacted to read as follows:
CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS
SECTION 2. Section 150.002, Civil Practice and Remedies
Code, as amended by Chapters 189 (H.B. 854) and 208 (H.B. 1573),
Acts of the 79th Legislature, Regular Session, 2005, is amended by
reenacting and amending Subsection (a) and adding Subsection (a-1)
to read as follows:
(a) In any action or arbitration proceeding for damages
alleging professional negligence by a licensed or registered
professional, the plaintiff shall be required to file with the
complaint an affidavit of a third-party licensed architect,
registered professional land surveyor, or licensed professional
engineer qualified as provided by Subsection (a-1) [competent to
testify, holding the same professional license as, and practicing
in the same area of practice as the defendant], which affidavit
shall set forth specifically at least one negligent act, error, or
omission claimed to exist and the factual basis for each such
claim. The third-party professional engineer, registered
professional land surveyor, or licensed architect shall be licensed
in this state and actively engaged in the practice of architecture,
surveying, or engineering.
(a-1) An affidavit required by Subsection (a) may be
completed by a licensed architect, registered professional land
surveyor, or licensed professional engineer who is:
(1) competent to testify; and
(2) knowledgeable in the area of practice for which
the person offers testimony based on the person's:
(A) knowledge;
(B) skill;
(C) experience;
(D) education;
(E) training; and
(F) practice.
SECTION 3. The change in law made by this Act applies only
to an action or arbitration filed or commenced on or after the
effective date of this Act. An action or arbitration filed or
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 September 1, 2009.