Texas 2019 - 86th Regular

Texas House Bill HB2440

Caption

Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

Impact

The implementation of HB2440 represents a significant change in the legal landscape for professional liability claims in Texas. By requiring an affidavit at the outset of a case, the bill aims to bolster the protections for licensed professionals, ensuring they are not unduly burdened by baseless allegations. This can have a positive impact on the ability of such professionals to operate without the looming threat of litigation over unsubstantiated claims, encouraging a more stable business environment in fields that rely on expert knowledge.

Summary

House Bill 2440 addresses the requirements for filing a certificate of merit in civil actions against certain licensed or registered professionals, including architects and engineers. The bill stipulates that in any claim for damages resulting from the provision of professional services, a claimant must submit an affidavit from a qualified third-party professional, affirming the case's merit. This is designed to ensure that only valid claims reach the courts, potentially reducing frivolous lawsuits against licensed professionals who are often involved in complex technical fields.

Contention

However, the bill has drawn criticism from some advocacy groups and individuals who argue that it creates further barriers for individuals seeking justice for legitimate grievances against licensed professionals. Detractors of HB2440 contend that the requirement for a certificate of merit could discourage victims from pursuing valid claims due to the added legal hurdles, particularly for those who may not have the resources to obtain the necessary professional affidavits. This highlights an ongoing tension between protecting professional integrity and ensuring access to justice for plaintiffs.

Companion Bills

TX SB1928

Same As Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

Previously Filed As

TX HB2007

Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

TX SB2488

Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

TX SB901

Relating to civil actions or arbitrations involving transportation network companies.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3002

Relating to the authority of certain political subdivisions to issue certificates of obligation.

TX SB569

Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.

TX HB2310

Relating to certain construction defect litigation.

TX HB4179

Relating to assertion of immunity and application of certain laws in certain actions brought against peace officers.

TX HB2331

Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.

Similar Bills

CA AB586

Professional fiduciaries.

NJ A2285

Establishes process for formation of professional limited liability companies.

NJ S1425

Revises "The Professional Service Corporation Act."

MS SB2133

Mississippi Design Professionals Act; enact.

MS SB2217

Mississippi Design Professionals Act; enact.

MI HB4172

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends title & secs. 5106, 5108a, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.) & adds secs. 5106a & 5106b. TIE BAR WITH: HB 4171'23

CA SB1024

Replacement of an incapacitated or deceased professional fiduciary.

MI HB4728

Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.