84R6777 SCL-F
By: Fraser S.B. No. 1579
A BILL TO BE ENTITLED
AN ACT
relating to a certificate of merit in certain actions against
certain licensed or registered professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 150.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 150.001. DEFINITIONS. In this chapter:
(1) "Certified municipal inspector" means an
individual who is employed full-time by a political subdivision and
is currently:
(A) certified by a national model code group; or
(B) licensed as a plumbing inspector, as defined
by Section 1301.002, Occupations Code.
(2) "Claimant" means a party, including a plaintiff,
counterclaimant, cross-claimant, or third-party plaintiff, seeking
recovery of damages.
(3) [(1-a)] "Licensed or registered professional"
means a licensed architect, licensed professional engineer,
registered professional land surveyor, registered landscape
architect, or any firm in which such licensed or registered
professional practices, including but not limited to a corporation,
professional corporation, limited liability corporation,
partnership, limited liability partnership, sole proprietorship,
joint venture, or any other business entity.
(4) [(1-b)] "National model code group" means an
organization consisting of industry and government fire and
building safety officials that develops and promulgates a national
model code, as defined by Section 214.217, Local Government Code.
(5) [(2)] "Practice of architecture" has the meaning
assigned by Section 1051.001, Occupations Code.
(6) [(3)] "Practice of engineering" has the meaning
assigned by Section 1001.003, Occupations Code.
SECTION 2. Sections 150.002(a), (c), and (e), Civil
Practice and Remedies Code, are amended to read as follows:
(a) In any action or arbitration proceeding for damages
arising out of the provision of professional services by a licensed
or registered professional, a claimant [the plaintiff] shall be
required to file with the complaint an affidavit of a third-party
licensed architect, licensed professional engineer, registered
landscape architect, or registered professional land surveyor who:
(1) is competent to testify;
(2) holds the same professional license or
registration as the defendant; and
(3) is knowledgeable in the area of practice of the
defendant and offers testimony based on the person's:
(A) knowledge;
(B) skill;
(C) experience;
(D) education;
(E) training; and
(F) practice.
(c) The contemporaneous filing requirement of Subsection
(a) shall not apply to any case in which the period of limitation
will expire within 10 days of the date of filing and, because of
such time constraints, a claimant [the plaintiff] has alleged that
an affidavit of a third-party licensed architect, licensed
professional engineer, registered landscape architect, or
registered professional land surveyor could not be prepared. In
such cases, the claimant [plaintiff] shall have 30 days after the
filing of the complaint to supplement the pleadings with the
affidavit. The trial court may, on motion, after hearing and for
good cause, extend such time as it shall determine justice
requires.
(e) A claimant's [The plaintiff's] failure to file the
affidavit in accordance with this section shall result in dismissal
of the complaint against the defendant. This dismissal may be with
prejudice.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues 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 4. This Act takes effect September 1, 2015.