H.B. No. 1693
AN ACT
relating to affidavits concerning cost and necessity of services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.001, Civil Practice and Remedies
Code, is amended by amending Subsections (b), (d), (e), and (f) and
adding Subsections (d-1), (d-2), (e-1), (g), (h), and (i) to read as
follows:
(b) Unless a controverting affidavit is served as provided
by this section, an affidavit that the amount a person charged for a
service was reasonable at the time and place that the service was
provided and that the service was necessary is sufficient evidence
to support a finding of fact by judge or jury that the amount
charged was reasonable or that the service was necessary. The
affidavit is not evidence of and does not support a finding of the
causation element of the cause of action that is the basis for the
civil action.
(d) The party offering the affidavit in evidence or the
party's attorney must serve a copy of the affidavit on each other
party to the case by the earlier of:
(1) 90 [at least 30] days after [before] the date the
defendant files an answer;
(2) the date the offering party must designate any
expert witness under a court order; or
(3) the date the offering party must designate any
expert witness as required by the Texas Rules of Civil Procedure
[day on which evidence is first presented at the trial of the case].
(d-1) Notwithstanding Subsection (d), if services are
provided for the first time by a provider after the date the
defendant files an answer, the party offering the affidavit in
evidence or the party's attorney must serve a copy of the affidavit
for services provided by that provider on each other party to the
case by the earlier of:
(1) the date the offering party must designate any
expert witness under a court order; or
(2) the date the offering party must designate any
expert witness as required by the Texas Rules of Civil Procedure.
(d-2) The party offering the affidavit in evidence or the
party's attorney must file notice with the clerk of the court when
serving the affidavit that the party or the attorney served a copy
of the affidavit in accordance with this section. Except as
provided by the Texas Rules of Evidence, [the records attached to]
the affidavit is [are] not required to be filed with the clerk of
the court before the trial commences.
(e) A party intending to controvert a claim reflected by the
affidavit must serve a copy of the counteraffidavit on each other
party or the party's attorney of record by the earlier of:
(1) 120 days after the date the defendant files its
answer; [not later than:
[(A) 30 days after the day the party receives a
copy of the affidavit; and
[(B) at least 14 days before the day on which
evidence is first presented at the trial of the case; or]
(2) the date the party offering the counteraffidavit
must designate expert witnesses under a court order; or
(3) the date the party offering the counteraffidavit
must designate any expert witness as required by the Texas Rules of
Civil Procedure [with leave of the court, at any time before the
commencement of evidence at trial].
(e-1) Notwithstanding Subsection (e), if the party offering
the affidavit in evidence serves a copy of the affidavit under
Subsection (d-1), the party offering the counteraffidavit in
evidence or the party's attorney must serve a copy of the
counteraffidavit on each other party to the case by the later of:
(1) 30 days after service of the affidavit on the party
offering the counteraffidavit in evidence;
(2) the date the party offering the counteraffidavit
must designate any expert witness under a court order; or
(3) the date the party offering the counteraffidavit
in evidence must designate any expert witness as required by the
Texas Rules of Civil Procedure.
(f) The counteraffidavit must give reasonable notice of the
basis on which the party serving it intends at trial to controvert
the claim reflected by the initial affidavit and must be taken
before a person authorized to administer oaths. The
counteraffidavit must be made by a person who is qualified, by
knowledge, skill, experience, training, education, or other
expertise, to testify in contravention of all or part of any of the
matters contained in the initial affidavit. The counteraffidavit
may not be used to controvert the causation element of the cause of
action that is the basis for the civil action.
(g) The party offering the counteraffidavit in evidence or
the party's attorney must file written notice with the clerk of the
court when serving the counteraffidavit that the party or attorney
served a copy of the counteraffidavit in accordance with this
section.
(h) If continuing services are provided after a relevant
deadline under this section:
(1) a party may supplement an affidavit served by the
party under Subsection (d) or (d-1) on or before the 60th day before
the date the trial commences; and
(2) a party that served a counteraffidavit under
Subsection (e) or (e-1) may supplement the counteraffidavit on or
before the 30th day before the date the trial commences.
(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),
(e-1), (g), and (h), a deadline under this section may be altered by
all parties to an action by agreement or with leave of the court.
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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1693 was passed by the House on April
25, 2019, by the following vote: Yeas 119, Nays 17, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1693 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor