Texas 2019 86th Regular

Texas House Bill HB4123 Introduced / Bill

Filed 03/07/2019

                    86R14235 AJA-D
 By: Johnson of Harris H.B. No. 4123


 A BILL TO BE ENTITLED
 AN ACT
 relating to the amendment of an original petition in an action on a
 sworn account.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 30, Civil Practice and Remedies Code, is
 amended by adding Section 30.022 to read as follows:
 Sec. 30.022.  AMENDMENT OF ORIGINAL PETITION IN ACTION ON
 SWORN ACCOUNT. (a)  Notwithstanding the Texas Rules of Civil
 Procedure, a plaintiff is not required to amend an original
 petition in an action on a sworn account to reflect a payment on the
 account made after the petition is filed unless the total amount of
 all payments made after the petition is filed equals or exceeds 50
 percent of the amount claimed in the petition.
 (b)  Notwithstanding Section 22.004, Government Code, the
 supreme court may not amend or adopt rules in conflict with this
 section.
 SECTION 2.  The change in law made by this Act applies only
 to an original petition filed on or after the effective date of this
 Act.
 SECTION 3.  This Act takes effect September 1, 2019.