| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R14235 AJA-D | |
| 2 | 2 | By: Johnson of Harris H.B. No. 4123 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the amendment of an original petition in an action on a | |
| 8 | 8 | sworn account. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Chapter 30, Civil Practice and Remedies Code, is | |
| 11 | 11 | amended by adding Section 30.022 to read as follows: | |
| 12 | 12 | Sec. 30.022. AMENDMENT OF ORIGINAL PETITION IN ACTION ON | |
| 13 | 13 | SWORN ACCOUNT. (a) Notwithstanding the Texas Rules of Civil | |
| 14 | 14 | Procedure, a plaintiff is not required to amend an original | |
| 15 | 15 | petition in an action on a sworn account to reflect a payment on the | |
| 16 | 16 | account made after the petition is filed unless the total amount of | |
| 17 | 17 | all payments made after the petition is filed equals or exceeds 50 | |
| 18 | 18 | percent of the amount claimed in the petition. | |
| 19 | 19 | (b) Notwithstanding Section 22.004, Government Code, the | |
| 20 | 20 | supreme court may not amend or adopt rules in conflict with this | |
| 21 | 21 | section. | |
| 22 | 22 | SECTION 2. The change in law made by this Act applies only | |
| 23 | 23 | to an original petition filed on or after the effective date of this | |
| 24 | 24 | Act. | |
| 25 | 25 | SECTION 3. This Act takes effect September 1, 2019. |