Texas 2019 - 86th Regular

Texas House Bill HB2440 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7034 BRG-F
2	2	By: Krause H.B. No. 2440
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a certificate of merit in certain actions against
8	8	certain licensed or registered professionals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 150.001, Civil Practice and Remedies
11	11	Code, is amended by amending Subdivisions (1-a) and (1-b) and
12	12	adding Subdivision (1-c) to read as follows:
13	13	(1-a) "Claimant" means a party, including a plaintiff
14	14	or third-party plaintiff, seeking recovery for damages,
15	15	contribution, or indemnification.
16	16	(1-b) "Licensed or registered professional" means a
17	17	licensed architect, licensed professional engineer, registered
18	18	professional land surveyor, registered landscape architect, or any
19	19	firm in which such licensed or registered professional practices,
20	20	including but not limited to a corporation, professional
21	21	corporation, limited liability corporation, partnership, limited
22	22	liability partnership, sole proprietorship, joint venture, or any
23	23	other business entity.
24	24	(1-c) [(1-b)] "National model code group" means an
25	25	organization consisting of industry and government fire and
26	26	building safety officials that develops and promulgates a national
27	27	model code, as defined by Section 214.217, Local Government Code.
28	28	SECTION 2. Sections 150.002(a), (c), and (e), Civil
29	29	Practice and Remedies Code, are amended to read as follows:
30	30	(a) In any action or arbitration proceeding for damages
31	31	arising out of the provision of professional services by a licensed
32	32	or registered professional, a claimant [the plaintiff] shall be
33	33	required to file with the complaint an affidavit of a third-party
34	34	licensed architect, licensed professional engineer, registered
35	35	landscape architect, or registered professional land surveyor who:
36	36	(1) is competent to testify;
37	37	(2) holds the same professional license or
38	38	registration as the defendant; and
39	39	(3) practices [is knowledgeable] in the area of
40	40	practice of the defendant and offers testimony based on the
41	41	person's:
42	42	(A) knowledge;
43	43	(B) skill;
44	44	(C) experience;
45	45	(D) education;
46	46	(E) training; and
47	47	(F) practice.
48	48	(c) The contemporaneous filing requirement of Subsection
49	49	(a) shall not apply to any case in which the period of limitation
50	50	will expire within 10 days of the date of filing and, because of
51	51	such time constraints, a claimant [the plaintiff] has alleged that
52	52	an affidavit of a third-party licensed architect, licensed
53	53	professional engineer, registered landscape architect, or
54	54	registered professional land surveyor could not be prepared. In
55	55	such cases, the claimant [plaintiff] shall have 30 days after the
56	56	filing of the complaint to supplement the pleadings with the
57	57	affidavit. The trial court may, on motion, after hearing and for
58	58	good cause, extend such time as it shall determine justice
59	59	requires.
60	60	(e) A claimant's [The plaintiff's] failure to file the
61	61	affidavit in accordance with this section shall result in dismissal
62	62	of the complaint against the defendant. This dismissal may be with
63	63	prejudice.
64	64	SECTION 3. The change in law made by this Act applies only
65	65	to an action or arbitration proceeding commenced on or after the
66	66	effective date of this Act. An action or arbitration proceeding
67	67	commenced before the effective date of this Act is governed by the
68	68	law in effect immediately before the effective date of this Act, and
69	69	that law is continued in effect for that purpose.
70	70	SECTION 4. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2019.