86R9085 SCL-F
By: Hughes S.B. No. 1465
A BILL TO BE ENTITLED
AN ACT
relating to affidavits concerning cost and necessity of services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.001, Civil Practice and Remedies
Code, is amended by amending Subsections (b), (c), (d), (e), and (f)
and adding Subsections (d-1), (g), (h), and (i) to read as follows:
(b) Unless a controverting affidavit is served as provided
by this section, an affidavit that the amount a person charged for a
service was reasonable at the time and place that the service was
provided and that the service was necessary is sufficient evidence
to support a finding of fact by judge or jury that the amount
charged was reasonable or that the service was necessary. The
affidavit is not evidence of and does not support a finding of the
causation element of the cause of action that is the basis for the
civil action.
(c) The affidavit must:
(1) be taken before an officer with authority to
administer oaths;
(2) be made by:
(A) the person who provided the service; or
(B) the person in charge of records for the
provider showing the service provided and charge made; and
(3) include an itemized statement of the service and
charge.
(d) The party offering the affidavit in evidence or the
party's attorney must serve a copy of the affidavit on each other
party to the case not later than the earlier of:
(1) 90 [at least 30] days before the date [day on which
evidence is first presented at] the trial commences; or
(2) the date the offering party must designate any
expert witnesses under a scheduling order [of the case].
(d-1) The party offering the affidavit in evidence or the
party's attorney must file notice with the clerk of the court, not
later than the latest date for serving a copy of the affidavit under
Subsection (d), that the party or the attorney served a copy of the
affidavit in accordance with this section. Except as provided by
the Texas Rules of Evidence, [the records attached to] the
affidavit is [are] not required to be filed with the clerk of the
court before the trial commences.
(e) A party intending to controvert a claim reflected by the
affidavit must serve a copy of the counteraffidavit on each other
party or the party's attorney of record by the earlier of:
(1) 60 days before the date the trial commences [not
later than:
[(A) 30 days after the day the party receives a
copy of the affidavit; and
[(B) at least 14 days before the day on which
evidence is first presented at the trial of the case]; or
(2) the date the controverting party must designate
expert witnesses under a scheduling order [with leave of the court,
at any time before the commencement of evidence at trial].
(f) The counteraffidavit must give reasonable notice of the
basis on which the party serving it intends at trial to controvert
the claim reflected by the initial affidavit and must be taken
before a person authorized to administer oaths. The
counteraffidavit must be made by a person who is qualified, by
knowledge, skill, experience, training, education, or other
expertise, to testify in contravention of all or part of any of the
matters contained in the initial affidavit. The counteraffidavit
may not be used to controvert the causation element of the cause of
action that is the basis for the civil action.
(g) Not later than the last date for serving a copy of the
counteraffidavit under Subsection (e), the party offering the
counteraffidavit in evidence or the party's attorney must file
written notice with the clerk of the court that the party or
attorney served a copy of the counteraffidavit in accordance with
this section.
(h) If continuing services are provided after a relevant
deadline under this section:
(1) a party may supplement an affidavit served by the
party under Subsection (b) on or before the 30th day before the date
trial commences; and
(2) a party that served a counteraffidavit under
Subsection (e) may supplement the counteraffidavit on or before the
14th day before the date trial commences.
(i) Notwithstanding Subsections (d), (d-1), (e), (g), and
(h), a deadline under this section may be altered by all parties to
an action by agreement or with leave of the court.
SECTION 2. The change in law made by this Act applies only
to an action commenced on or after the effective date of this Act.
An action commenced before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2019.