84R12576 LED-D
By: Guerra H.B. No. 3635
A BILL TO BE ENTITLED
AN ACT
relating to evidence in a civil action concerning the provision and
cost of certain services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 18.001(c) and (d), Civil Practice and
Remedies Code, are amended to read as follows:
(c) The affidavit must:
(1) be taken before an officer with authority to
administer oaths;
(2) be made by:
(A) the person who provided the service; or
(B) the person in charge of records showing the
service provided and charge made; and
(3) include:
(A) an itemized statement of the service and
charge; and
(B) for a medical service, medical records and
medical billing information relating to the service.
(d) The party offering the affidavit in evidence or the
party's attorney must serve a copy of the affidavit and any itemized
statement, medical records, or medical billing information
required by Subsection (c)(3) 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. 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 3. This Act takes effect September 1, 2015.