83R15614 CAE-F
By: Sheets, Lewis, Eiland H.B. No. 2843
Substitute the following for H.B. No. 2843:
By: Hunter C.S.H.B. No. 2843
A BILL TO BE ENTITLED
AN ACT
relating to an objection of a defendant physician or health care
provider to an expert report filed in a health care liability claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.351(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) In a health care liability claim, a claimant shall, not
later than the 120th day after the date each defendant's [the]
original answer is [petition was] filed, serve on that [each] party
or the party's attorney one or more expert reports, with a
curriculum vitae of each expert listed in the report for each
physician or health care provider against whom a liability claim is
asserted. The date for serving the report may be extended by
written agreement of the affected parties. Each defendant
physician or health care provider whose conduct is implicated in a
report must file and serve any objection to the sufficiency of the
report not later than the later of the 21st day after the date the
report is [it was] served or the 21st day after the date the
defendant's answer is filed, failing which all objections are
waived.
SECTION 2. The change in law made by this Act applies only
to an action commenced on or after the effective date of this Act.
An action 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 3. This Act takes effect September 1, 2013.