By: Schofield H.B. No. 2422
A BILL TO BE ENTITLED
AN ACT
Relating to the requirements for a certificate of merit in certain
actions or arbitration proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 150.002, Civil Practice & Remedies Code,
is 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, 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 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.
(b) The affidavit shall set forth specifically for each
theory of recovery for which damages are sought, the negligence, if
any, or other action, error, or omission of the licensed or
registered professional in providing the professional service,
including any error, or omission in providing advice, judgment,
opinion, or a similar professional skill claimed to exist and the
factual basis for each such claim. The third-party licensed
architect, licensed professional engineer, registered landscape
architect, or registered professional land surveyor shall be
licensed or registered in this state and actively engaged in the
practice of architecture, engineering, or surveying.
(b-1) The affidavit shall set forth specifically facts
sufficient to establish the affiant's familiarity or experience
with the practice area at issue such that they establish the
affiant's qualifications to render an opinion on the matters in the
affidavit pertaining to subsection (b). The affiant shall attach to
the affidavit as an exhibit the affiant's curriculum vitae or
similar document sufficient to establish that the affiant meets the
requirements of subsection (a).
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 in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.