By: Duncan S.B. No. 679
(Hughes)
A BILL TO BE ENTITLED
AN ACT
relating to certain records and supporting affidavits filed as
evidence in certain actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (d), Section 18.001, Civil
Practice and Remedies Code, are amended to read as follows:
(b) Unless a controverting affidavit is served [filed] as
provided by this section, an affidavit that the amount a person
charged for a service was reasonable at the time and place that the
service was provided and that the service was necessary is
sufficient evidence to support a finding of fact by judge or jury
that the amount charged was reasonable or that the service was
necessary.
(d) The party offering the affidavit in evidence or the
party's attorney must serve a copy of the affidavit on each other
party to the case at least 30 days before the day on which evidence
is first presented at the trial of the case. Except as provided by
the Texas Rules of Evidence, the records attached to the affidavit
are not required to be filed with the clerk of the court before the
trial commences.
SECTION 2. Section 18.002, Civil Practice and Remedies
Code, is amended by adding Subsections (b-1) and (b-2) to read as
follows:
(b-1) Notwithstanding Subsection (b), an affidavit
concerning proof of medical expenses is sufficient if it
substantially complies with the following form:
Affidavit of Records Custodian of
____________________________________________
STATE OF TEXAS §
§
COUNTY OF _____________________§
Before me, the undersigned authority, personally appeared
__________, who, being by me duly sworn, deposed as follows:
My name is ___________________________________. I am of
sound mind and capable of making this affidavit, and personally
acquainted with the facts herein stated.
I am a custodian of records for __________. Attached to this
affidavit are records that provide an itemized statement of the
service and the charge for the service that __________ provided to
__________ on _____. The attached records are a part of this
affidavit.
The attached records are kept by __________ in the regular
course of business, and it was the regular course of business of
__________ for an employee or representative of __________, with
knowledge of the service provided, to make the record or to transmit
information to be included in the record. The records were made in
the regular course of business at or near the time or reasonably
soon after the time the service was provided. The records are the
original or a duplicate of the original.
The services provided were necessary and the amount charged
for the services was reasonable at the time and place that the
services were provided.
The total amount paid for the services was $_____ and the
amount currently unpaid but which __________ has a right to be paid
after any adjustments or credits is $_____.
________________________________
Affiant
SWORN TO AND SUBSCRIBED before me on the __________ day of _____,
_____.
________________________________
Notary Public, State of Texas
Notary's printed name:___________
My commission expires:___________
(b-2) If a medical bill or other itemized statement attached
to an affidavit under Subsection (b-1) reflects a charge that is not
recoverable, the reference to that charge is not admissible.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Supreme Court shall amend Rule 902(10), Texas
Rules of Evidence, to provide that medical records and medical
billing information otherwise attached to an affidavit made for the
purposes of that rule and served with the affidavit on the other
parties to the relevant action are not required to be filed with the
clerk of the court before the trial commences.
SECTION 4. 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 applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2013.