LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 7, 2017 TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2301 by Schofield (Relating to affidavits concerning cost and necessity of services.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code governing affidavits concerning the cost and necessity of services. The bill would provide that an affidavit attesting to the reasonableness of a charge and the necessity of a service does not create any presumption of reasonableness or necessity and would require a party offering such an affidavit to serve a copy to other parties at least 60 days before trial, or by the date the party must designate expert witnesses and would set forth the timeline for providing notice to the court clerk and for the service of any controverting affidavit. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, LBO, GDz
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 7, 2017
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2301 by Schofield (Relating to affidavits concerning cost and necessity of services.), As Introduced
TO: Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2301 by Schofield (Relating to affidavits concerning cost and necessity of services.), As Introduced
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2301 by Schofield (Relating to affidavits concerning cost and necessity of services.), As Introduced
HB2301 by Schofield (Relating to affidavits concerning cost and necessity of services.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code governing affidavits concerning the cost and necessity of services. The bill would provide that an affidavit attesting to the reasonableness of a charge and the necessity of a service does not create any presumption of reasonableness or necessity and would require a party offering such an affidavit to serve a copy to other parties at least 60 days before trial, or by the date the party must designate expert witnesses and would set forth the timeline for providing notice to the court clerk and for the service of any controverting affidavit. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, LBO, GDz
UP, LBO, GDz