| 1 | | - | By: Martinez (Senate Sponsor - Lucio) H.B. No. 3162 |
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| 2 | | - | (In the Senate - Received from the House May 14, 2021; |
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| 3 | | - | May 18, 2021, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 21, 2021, reported favorably by the following vote: |
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| 5 | | - | Yeas 9, Nays 0; May 21, 2021, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | 87R20617 BRG-D |
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| 2 | + | By: Martinez H.B. No. 3162 |
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| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to a certificate of merit in certain actions against |
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| 12 | 8 | | certain licensed or registered professionals. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Section 150.002, Civil Practice and Remedies |
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| 15 | 11 | | Code, is amended by amending Subsection (a) and adding Subsection |
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| 16 | 12 | | (i) to read as follows: |
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| 17 | 13 | | (a) Except as provided by Subsection (i), in [In] any action |
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| 18 | 14 | | or arbitration proceeding for damages arising out of the provision |
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| 19 | 15 | | of professional services by a licensed or registered professional, |
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| 20 | 16 | | a claimant shall be required to file with the complaint an affidavit |
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| 21 | 17 | | of a third-party licensed architect, licensed professional |
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| 22 | 18 | | engineer, registered landscape architect, or registered |
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| 23 | 19 | | professional land surveyor who: |
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| 24 | 20 | | (1) is competent to testify; |
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| 25 | 21 | | (2) holds the same professional license or |
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| 26 | 22 | | registration as the defendant; and |
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| 27 | 23 | | (3) practices in the area of practice of the defendant |
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| 28 | 24 | | and offers testimony based on the person's: |
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| 29 | 25 | | (A) knowledge; |
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| 30 | 26 | | (B) skill; |
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| 31 | 27 | | (C) experience; |
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| 32 | 28 | | (D) education; |
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| 33 | 29 | | (E) training; and |
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| 34 | 30 | | (F) practice. |
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| 35 | 31 | | (i) A third-party plaintiff that is a design-builder or |
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| 36 | 32 | | design-build firm is not required to file an affidavit described by |
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| 37 | 33 | | Subsection (a) in connection with filing a third-party claim or |
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| 38 | 34 | | cross-claim against a licensed or registered professional if the |
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| 39 | 35 | | action or arbitration proceeding arises out of a design-build |
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| 40 | 36 | | project in which a governmental entity contracts with a single |
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| 41 | 37 | | entity to provide both design and construction services for the |
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| 42 | 38 | | construction, expansion, extension, rehabilitation, alteration, or |
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| 43 | 39 | | repair of a facility, a building or associated structure, a civil |
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| 44 | 40 | | works project, or a highway project. |
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| 45 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 42 | | to an action commenced on or after the effective date of this Act. |
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| 47 | 43 | | An action commenced before the effective date of this Act is |
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| 48 | 44 | | governed by the law as it existed immediately before the effective |
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| 49 | 45 | | date of this Act, and that law is continued in effect for that |
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| 50 | 46 | | purpose. |
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| 51 | 47 | | SECTION 3. This Act takes effect September 1, 2021. |
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