S.B. No. 1928
AN ACT
relating to a certificate of merit in certain actions against
certain licensed or registered professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 150.001, Civil Practice and Remedies
Code, is amended by amending Subdivisions (1-a) and (1-b) and
adding Subdivisions (1-c) and (1-d) to read as follows:
(1-a) "Claimant" means a party, including a plaintiff
or third-party plaintiff, seeking recovery for damages,
contribution, or indemnification.
(1-b) "Complaint" means any petition or other pleading
which, for the first time, raises a claim against a licensed or
registered professional for damages arising out of the provision of
professional services by the licensed or registered professional.
(1-c) "Licensed or registered professional" means a
licensed architect, licensed professional engineer, registered
professional land surveyor, registered landscape architect, or any
firm in which such licensed or registered professional practices,
including but not limited to a corporation, professional
corporation, limited liability corporation, partnership, limited
liability partnership, sole proprietorship, joint venture, or any
other business entity.
(1-d) [(1-b)] "National model code group" means an
organization consisting of industry and government fire and
building safety officials that develops and promulgates a national
model code, as defined by Section 214.217, Local Government Code.
SECTION 2. Sections 150.002(a), (c), and (e), Civil
Practice and Remedies Code, are amended to read as follows:
(a) In any action or arbitration proceeding for damages
arising out of the provision of professional services by a licensed
or registered professional, a claimant [the plaintiff] shall be
required to file with the complaint an affidavit of a third-party
licensed architect, licensed professional engineer, registered
landscape architect, or registered professional land surveyor who:
(1) is competent to testify;
(2) holds the same professional license or
registration as the defendant; and
(3) practices [is knowledgeable] in the area of
practice of the defendant and offers testimony based on the
person's:
(A) knowledge;
(B) skill;
(C) experience;
(D) education;
(E) training; and
(F) practice.
(c) The contemporaneous filing requirement of Subsection
(a) shall not apply to any case in which the period of limitation
will expire within 10 days of the date of filing and, because of
such time constraints, a claimant [the plaintiff] has alleged that
an affidavit of a third-party licensed architect, licensed
professional engineer, registered landscape architect, or
registered professional land surveyor could not be prepared. In
such cases, the claimant [plaintiff] shall have 30 days after the
filing of the complaint to supplement the pleadings with the
affidavit. The trial court may, on motion, after hearing and for
good cause, extend such time as it shall determine justice
requires.
(e) A claimant's [The plaintiff's] failure to file the
affidavit in accordance with this section shall result in dismissal
of the complaint against the defendant. This dismissal may be with
prejudice.
SECTION 3. The change in law made by this Act applies only
to an action or arbitration proceeding commenced on or after the
effective date of this Act. An action or arbitration proceeding
commenced before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1928 passed the Senate on
April 26, 2019, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1928 passed the House, with
amendment, on May 15, 2019, by the following vote: Yeas 147,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor