| 1 | 1 | | 84R6777 SCL-F |
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| 2 | 2 | | By: Fraser S.B. No. 1579 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a certificate of merit in certain actions against |
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| 8 | 8 | | certain licensed or registered professionals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 150.001, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 150.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Certified municipal inspector" means an |
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| 14 | 14 | | individual who is employed full-time by a political subdivision and |
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| 15 | 15 | | is currently: |
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| 16 | 16 | | (A) certified by a national model code group; or |
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| 17 | 17 | | (B) licensed as a plumbing inspector, as defined |
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| 18 | 18 | | by Section 1301.002, Occupations Code. |
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| 19 | 19 | | (2) "Claimant" means a party, including a plaintiff, |
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| 20 | 20 | | counterclaimant, cross-claimant, or third-party plaintiff, seeking |
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| 21 | 21 | | recovery of damages. |
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| 22 | 22 | | (3) [(1-a)] "Licensed or registered professional" |
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| 23 | 23 | | means a licensed architect, licensed professional engineer, |
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| 24 | 24 | | registered professional land surveyor, registered landscape |
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| 25 | 25 | | architect, or any firm in which such licensed or registered |
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| 26 | 26 | | professional practices, including but not limited to a corporation, |
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| 27 | 27 | | professional corporation, limited liability corporation, |
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| 28 | 28 | | partnership, limited liability partnership, sole proprietorship, |
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| 29 | 29 | | joint venture, or any other business entity. |
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| 30 | 30 | | (4) [(1-b)] "National model code group" means an |
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| 31 | 31 | | organization consisting of industry and government fire and |
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| 32 | 32 | | building safety officials that develops and promulgates a national |
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| 33 | 33 | | model code, as defined by Section 214.217, Local Government Code. |
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| 34 | 34 | | (5) [(2)] "Practice of architecture" has the meaning |
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| 35 | 35 | | assigned by Section 1051.001, Occupations Code. |
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| 36 | 36 | | (6) [(3)] "Practice of engineering" has the meaning |
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| 37 | 37 | | assigned by Section 1001.003, Occupations Code. |
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| 38 | 38 | | SECTION 2. Sections 150.002(a), (c), and (e), Civil |
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| 39 | 39 | | Practice and Remedies Code, are amended to read as follows: |
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| 40 | 40 | | (a) In any action or arbitration proceeding for damages |
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| 41 | 41 | | arising out of the provision of professional services by a licensed |
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| 42 | 42 | | or registered professional, a claimant [the plaintiff] shall be |
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| 43 | 43 | | required to file with the complaint an affidavit of a third-party |
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| 44 | 44 | | licensed architect, licensed professional engineer, registered |
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| 45 | 45 | | landscape architect, or registered professional land surveyor who: |
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| 46 | 46 | | (1) is competent to testify; |
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| 47 | 47 | | (2) holds the same professional license or |
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| 48 | 48 | | registration as the defendant; and |
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| 49 | 49 | | (3) is knowledgeable in the area of practice of the |
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| 50 | 50 | | defendant and offers testimony based on the person's: |
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| 51 | 51 | | (A) knowledge; |
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| 52 | 52 | | (B) skill; |
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| 53 | 53 | | (C) experience; |
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| 54 | 54 | | (D) education; |
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| 55 | 55 | | (E) training; and |
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| 56 | 56 | | (F) practice. |
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| 57 | 57 | | (c) The contemporaneous filing requirement of Subsection |
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| 58 | 58 | | (a) shall not apply to any case in which the period of limitation |
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| 59 | 59 | | will expire within 10 days of the date of filing and, because of |
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| 60 | 60 | | such time constraints, a claimant [the plaintiff] has alleged that |
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| 61 | 61 | | an affidavit of a third-party licensed architect, licensed |
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| 62 | 62 | | professional engineer, registered landscape architect, or |
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| 63 | 63 | | registered professional land surveyor could not be prepared. In |
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| 64 | 64 | | such cases, the claimant [plaintiff] shall have 30 days after the |
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| 65 | 65 | | filing of the complaint to supplement the pleadings with the |
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| 66 | 66 | | affidavit. The trial court may, on motion, after hearing and for |
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| 67 | 67 | | good cause, extend such time as it shall determine justice |
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| 68 | 68 | | requires. |
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| 69 | 69 | | (e) A claimant's [The plaintiff's] failure to file the |
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| 70 | 70 | | affidavit in accordance with this section shall result in dismissal |
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| 71 | 71 | | of the complaint against the defendant. This dismissal may be with |
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| 72 | 72 | | prejudice. |
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| 73 | 73 | | SECTION 3. The change in law made by this Act applies only |
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| 74 | 74 | | to a cause of action that accrues on or after the effective date of |
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| 75 | 75 | | this Act. A cause of action that accrues before the effective date |
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| 76 | 76 | | of this Act is governed by the law in effect immediately before the |
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| 77 | 77 | | effective date of this Act, and that law is continued in effect for |
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| 78 | 78 | | that purpose. |
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| 79 | 79 | | SECTION 4. This Act takes effect September 1, 2015. |
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