Texas 2019 - 86th Regular

Texas Senate Bill SB1928 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1928
	1	+	By: Fallon S.B. No. 1928
	2	+	(Krause)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a certificate of merit in certain actions against
6	8		certain licensed or registered professionals.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 150.001, Civil Practice and Remedies
9	11		Code, is amended by amending Subdivisions (1-a) and (1-b) and
10		-	adding ~~Subdivisions~~ (1-c~~) and (1-d~~) to read as follows:
	12	+	adding Subdivision (1-c) to read as follows:
11	13		(1-a) "Claimant" means a party, including a plaintiff
12	14		or third-party plaintiff, seeking recovery for damages,
13	15		contribution, or indemnification.
14		-	(1-b) "Complaint" means any petition or other pleading
15		-	which, for the first time, raises a claim against a licensed or
16		-	registered professional for damages arising out of the provision of
17		-	professional services by the licensed or registered professional.
18		-	(1-c) "Licensed or registered professional" means a
	16	+	(1-b) "Licensed or registered professional" means a
19	17		licensed architect, licensed professional engineer, registered
20	18		professional land surveyor, registered landscape architect, or any
21	19		firm in which such licensed or registered professional practices,
22	20		including but not limited to a corporation, professional
23	21		corporation, limited liability corporation, partnership, limited
24	22		liability partnership, sole proprietorship, joint venture, or any
25	23		other business entity.
26		-	(1-d) [(1-b)] "National model code group" means an
	24	+	(1-c) [(1-b)] "National model code group" means an
27	25		organization consisting of industry and government fire and
28	26		building safety officials that develops and promulgates a national
29	27		model code, as defined by Section 214.217, Local Government Code.
30	28		SECTION 2. Sections 150.002(a), (c), and (e), Civil
31	29		Practice and Remedies Code, are amended to read as follows:
32	30		(a) In any action or arbitration proceeding for damages
33	31		arising out of the provision of professional services by a licensed
34	32		or registered professional, a claimant [the plaintiff] shall be
35	33		required to file with the complaint an affidavit of a third-party
36	34		licensed architect, licensed professional engineer, registered
37	35		landscape architect, or registered professional land surveyor who:
38	36		(1) is competent to testify;
39	37		(2) holds the same professional license or
40	38		registration as the defendant; and
41	39		(3) practices [is knowledgeable] in the area of
42	40		practice of the defendant and offers testimony based on the
43	41		person's:
44	42		(A) knowledge;
45	43		(B) skill;
46	44		(C) experience;
47	45		(D) education;
48	46		(E) training; and
49	47		(F) practice.
50	48		(c) The contemporaneous filing requirement of Subsection
51	49		(a) shall not apply to any case in which the period of limitation
52	50		will expire within 10 days of the date of filing and, because of
53	51		such time constraints, a claimant [the plaintiff] has alleged that
54	52		an affidavit of a third-party licensed architect, licensed
55	53		professional engineer, registered landscape architect, or
56	54		registered professional land surveyor could not be prepared. In
57	55		such cases, the claimant [plaintiff] shall have 30 days after the
58	56		filing of the complaint to supplement the pleadings with the
59	57		affidavit. The trial court may, on motion, after hearing and for
60	58		good cause, extend such time as it shall determine justice
61	59		requires.
62	60		(e) A claimant's [The plaintiff's] failure to file the
63	61		affidavit in accordance with this section shall result in dismissal
64	62		of the complaint against the defendant. This dismissal may be with
65	63		prejudice.
66	64		SECTION 3. The change in law made by this Act applies only
67	65		to an action or arbitration proceeding commenced on or after the
68	66		effective date of this Act. An action or arbitration proceeding
69	67		commenced before the effective date of this Act is governed by the
70	68		law in effect immediately before the effective date of this Act, and
71	69		that law is continued in effect for that purpose.
72	70		SECTION 4. This Act takes effect immediately if it receives
73	71		a vote of two-thirds of all the members elected to each house, as
74	72		provided by Section 39, Article III, Texas Constitution. If this
75	73		Act does not receive the vote necessary for immediate effect, this
76	74		Act takes effect September 1, 2019.
77		-	______________________________ ______________________________
78		-	President of the Senate Speaker of the House
79		-	I hereby certify that S.B. No. 1928 passed the Senate on
80		-	April 26, 2019, by the following vote: Yeas 30, Nays 0; and that
81		-	the Senate concurred in House amendment on May 23, 2019, by the
82		-	following vote: Yeas 31, Nays 0.
83		-	______________________________
84		-	Secretary of the Senate
85		-	I hereby certify that S.B. No. 1928 passed the House, with
86		-	amendment, on May 15, 2019, by the following vote: Yeas 147,
87		-	Nays 0, two present not voting.
88		-	______________________________
89		-	Chief Clerk of the House
90		-	Approved:
91		-	______________________________
92		-	Date
93		-	______________________________
94		-	Governor