Texas 2019 - 86th Regular

Texas Senate Bill SB1465 Compare Versions

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

Old	New	Differences
1	1	86R9085 SCL-F
2	2	By: Hughes S.B. No. 1465
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to affidavits concerning cost and necessity of services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.001, Civil Practice and Remedies
10	10	Code, is amended by amending Subsections (b), (c), (d), (e), and (f)
11	11	and adding Subsections (d-1), (g), (h), and (i) to read as follows:
12	12	(b) Unless a controverting affidavit is served as provided
13	13	by this section, an affidavit that the amount a person charged for a
14	14	service was reasonable at the time and place that the service was
15	15	provided and that the service was necessary is sufficient evidence
16	16	to support a finding of fact by judge or jury that the amount
17	17	charged was reasonable or that the service was necessary. The
18	18	affidavit is not evidence of and does not support a finding of the
19	19	causation element of the cause of action that is the basis for the
20	20	civil action.
21	21	(c) The affidavit must:
22	22	(1) be taken before an officer with authority to
23	23	administer oaths;
24	24	(2) be made by:
25	25	(A) the person who provided the service; or
26	26	(B) the person in charge of records for the
27	27	provider showing the service provided and charge made; and
28	28	(3) include an itemized statement of the service and
29	29	charge.
30	30	(d) The party offering the affidavit in evidence or the
31	31	party's attorney must serve a copy of the affidavit on each other
32	32	party to the case not later than the earlier of:
33	33	(1) 90 [at least 30] days before the date [day on which
34	34	evidence is first presented at] the trial commences; or
35	35	(2) the date the offering party must designate any
36	36	expert witnesses under a scheduling order [of the case].
37	37	(d-1) The party offering the affidavit in evidence or the
38	38	party's attorney must file notice with the clerk of the court, not
39	39	later than the latest date for serving a copy of the affidavit under
40	40	Subsection (d), that the party or the attorney served a copy of the
41	41	affidavit in accordance with this section. Except as provided by
42	42	the Texas Rules of Evidence, [the records attached to] the
43	43	affidavit is [are] not required to be filed with the clerk of the
44	44	court before the trial commences.
45	45	(e) A party intending to controvert a claim reflected by the
46	46	affidavit must serve a copy of the counteraffidavit on each other
47	47	party or the party's attorney of record by the earlier of:
48	48	(1) 60 days before the date the trial commences [not
49	49	later than:
50	50	[(A) 30 days after the day the party receives a
51	51	copy of the affidavit; and
52	52	[(B) at least 14 days before the day on which
53	53	evidence is first presented at the trial of the case]; or
54	54	(2) the date the controverting party must designate
55	55	expert witnesses under a scheduling order [with leave of the court,
56	56	at any time before the commencement of evidence at trial].
57	57	(f) The counteraffidavit must give reasonable notice of the
58	58	basis on which the party serving it intends at trial to controvert
59	59	the claim reflected by the initial affidavit and must be taken
60	60	before a person authorized to administer oaths. The
61	61	counteraffidavit must be made by a person who is qualified, by
62	62	knowledge, skill, experience, training, education, or other
63	63	expertise, to testify in contravention of all or part of any of the
64	64	matters contained in the initial affidavit. The counteraffidavit
65	65	may not be used to controvert the causation element of the cause of
66	66	action that is the basis for the civil action.
67	67	(g) Not later than the last date for serving a copy of the
68	68	counteraffidavit under Subsection (e), the party offering the
69	69	counteraffidavit in evidence or the party's attorney must file
70	70	written notice with the clerk of the court that the party or
71	71	attorney served a copy of the counteraffidavit in accordance with
72	72	this section.
73	73	(h) If continuing services are provided after a relevant
74	74	deadline under this section:
75	75	(1) a party may supplement an affidavit served by the
76	76	party under Subsection (b) on or before the 30th day before the date
77	77	trial commences; and
78	78	(2) a party that served a counteraffidavit under
79	79	Subsection (e) may supplement the counteraffidavit on or before the
80	80	14th day before the date trial commences.
81	81	(i) Notwithstanding Subsections (d), (d-1), (e), (g), and
82	82	(h), a deadline under this section may be altered by all parties to
83	83	an action by agreement or with leave of the court.
84	84	SECTION 2. The change in law made by this Act applies only
85	85	to an action commenced on or after the effective date of this Act.
86	86	An action commenced before the effective date of this Act is
87	87	governed by the law applicable to the action immediately before the
88	88	effective date of this Act, and that law is continued in effect for
89	89	that purpose.
90	90	SECTION 3. This Act takes effect September 1, 2019.