| 1 | 1 | | 81R1802 TJS-D |
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| 2 | 2 | | By: Ellis S.B. No. 153 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to depositions of witnesses in a health care liability |
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| 8 | 8 | | claim. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 74.351(s) and (u), Civil Practice and |
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| 11 | 11 | | Remedies Code, are amended to read as follows: |
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| 12 | 12 | | (s) Until a claimant has served the expert report and |
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| 13 | 13 | | curriculum vitae as required by Subsection (a), all discovery in a |
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| 14 | 14 | | health care liability claim is stayed except for the acquisition by |
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| 15 | 15 | | the claimant of information, including medical or hospital records |
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| 16 | 16 | | or other documents or tangible things, related to the patient's |
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| 17 | 17 | | health care through: |
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| 18 | 18 | | (1) written discovery as defined in Rule 192.7, Texas |
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| 19 | 19 | | Rules of Civil Procedure; |
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| 20 | 20 | | (2) depositions on written questions under Rule 200, |
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| 21 | 21 | | Texas Rules of Civil Procedure; and |
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| 22 | 22 | | (3) discovery [from nonparties] under Rules 199 and |
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| 23 | 23 | | [Rule] 205, Texas Rules of Civil Procedure. |
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| 24 | 24 | | (u) Notwithstanding any other provision of this section, |
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| 25 | 25 | | after a claim is filed all claimants, collectively, may take not |
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| 26 | 26 | | more than two depositions of any person or party before the expert |
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| 27 | 27 | | report is served as required by Subsection (a). |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to a cause of action filed on or after the effective date of this |
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| 30 | 30 | | Act. A cause of action that is filed before the effective date of |
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| 31 | 31 | | this Act is governed by the law in effect immediately before the |
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| 32 | 32 | | effective date of this Act, and that law is continued in effect for |
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| 33 | 33 | | that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2009. |
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