Texas House Bill HB1353

Texas 2015 - 84th Regular

Caption

Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

Impact

The introduction of HB 1353 aims to strengthen the legal standards for bringing negligence claims against professionals, potentially reducing frivolous lawsuits. By mandating a certificate of merit, the bill seeks to ensure that only cases with credible claims proceed further in the judicial process. This shift could lead to greater protections for professionals against unfounded allegations, fostering a more accountable legal environment for professional services.

Summary

House Bill 1353 addresses the requirement for a 'certificate of merit' in legal actions against certain licensed or registered professionals, such as architects and engineers. Under this bill, any claimant must file an affidavit with their complaint, documenting an expert's opinion that is knowledgeable in the same field as the defendant. This means that plaintiffs alleging damages from professional services must provide credible evidence that supports their claims, enhancing the scrutiny of such cases from the outset.

Contention

However, the bill has sparked debate regarding its implications for access to justice for individuals seeking redress against professionals. Critics argue that imposing additional requirements for filing lawsuits could disproportionately affect ordinary individuals who may not have the resources to obtain expert affidavits. This concern raises questions about balancing the need for professional accountability with the rights of consumers to file claims when they believe they have been wronged.