Texas 2021 - 87th Regular

Texas House Bill HB3984 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R18628~~ BRG-D
	1	+	87R1087 BRG-D
2	2		By: Davis H.B. No. 3984
3		-	Substitute the following for H.B. No. 3984:
4		-	By: Johnson of Dallas C.S.H.B. No. 3984
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to service of expert reports for health care liability
10	8		claims.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 51.014(a), Civil Practice and Remedies
13		-	Code, is amended to read as follows:
14		-	(a) A person may appeal from an interlocutory order of a
15		-	district court, county court at law, statutory probate court, or
16		-	county court that:
17		-	(1) appoints a receiver or trustee;
18		-	(2) overrules a motion to vacate an order that
19		-	appoints a receiver or trustee;
20		-	(3) certifies or refuses to certify a class in a suit
21		-	brought under Rule 42 of the Texas Rules of Civil Procedure;
22		-	(4) grants or refuses a temporary injunction or grants
23		-	or overrules a motion to dissolve a temporary injunction as
24		-	provided by Chapter 65;
25		-	(5) denies a motion for summary judgment that is based
26		-	on an assertion of immunity by an individual who is an officer or
27		-	employee of the state or a political subdivision of the state;
28		-	(6) denies a motion for summary judgment that is based
29		-	in whole or in part upon a claim against or defense by a member of
30		-	the electronic or print media, acting in such capacity, or a person
31		-	whose communication appears in or is published by the electronic or
32		-	print media, arising under the free speech or free press clause of
33		-	the First Amendment to the United States Constitution, or Article
34		-	I, Section 8, of the Texas Constitution, or Chapter 73;
35		-	(7) grants or denies the special appearance of a
36		-	defendant under Rule 120a, Texas Rules of Civil Procedure, except
37		-	in a suit brought under the Family Code;
38		-	(8) grants or denies a plea to the jurisdiction by a
39		-	governmental unit as that term is defined in Section 101.001;
40		-	(9) denies all or part of the relief sought by a motion
41		-	under Section 74.351(b), except that an appeal may not be taken from
42		-	an order granting an extension under Section 74.351;
43		-	(10) grants relief sought by a motion under Section
44		-	74.351(l);
45		-	(11) denies a motion to dismiss filed under Section
46		-	90.007;
47		-	(12) denies a motion to dismiss filed under Section
48		-	27.003;
49		-	(13) denies a motion for summary judgment filed by an
50		-	electric utility regarding liability in a suit subject to Section
51		-	75.0022; [or]
52		-	(14) denies a motion filed by a municipality with a
53		-	population of 500,000 or more in an action filed under Section
54		-	54.012(6) or 214.0012, Local Government Code; or
55		-	(15) makes a preliminary determination on a claim
56		-	under Section 74.353.
57		-	SECTION 2. Sections 74.351(a) and (c), Civil Practice and
	10	+	SECTION 1. Sections 74.351(a) and (c), Civil Practice and
58	11		Remedies Code, are amended to read as follows:
59	12		(a) In a health care liability claim, a claimant shall, not
60	13		later than the 120th day after the date each defendant's original
61	14		answer is filed or a later date required under Section 74.353, serve
62	15		on that party or the party's attorney one or more expert reports,
63	16		with a curriculum vitae of each expert listed in the report for each
64	17		physician or health care provider against whom a liability claim is
65	18		asserted. The date for serving the report may be extended by
66	19		written agreement of the affected parties. Each defendant
67	20		physician or health care provider whose conduct is implicated in a
68	21		report must file and serve any objection to the sufficiency of the
69	22		report not later than the later of the 21st day after the date the
70	23		report is served or the 21st day after the date the defendant's
71	24		answer is filed, failing which all objections are waived.
72	25		(c) If an expert report has not been served within the
73	26		period specified by Subsection (a) because elements of the report
74	27		are found deficient, the court may grant one 30-day extension to the
75	28		claimant in order to cure the deficiency. If the claimant does not
76	29		receive notice of the court's ruling granting the extension until
77	30		after the applicable [120-day] deadline has passed, then the 30-day
78	31		extension shall run from the date the plaintiff first received the
79	32		notice.
80		-	SECTION 3. Subchapter H, Chapter 74, Civil Practice and
	33	+	SECTION 2. Subchapter H, Chapter 74, Civil Practice and
81	34		Remedies Code, is amended by adding Section 74.353 to read as
82	35		follows:
83	36		Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT
84	37		REQUIREMENT. (a) On motion of a claimant filed not later than 30
85	38		days after the date each defendant's original answer is filed, a
86	39		court may issue a preliminary determination regarding whether a
87	40		claim made by the claimant is a health care liability claim for the
88	41		purposes of Section 74.351.
89		-	(b) If a court determines under Subsection (a) ~~or (c)~~ that a
90		-	~~claim~~ is a health care liability claim for purposes of Section
91		-	~~74.351, the~~ claimant shall serve an expert report as required by
92		-	~~Section 74.351~~ not later than the later of:
	42	+	(b) If a court determines under Subsection (a) that a claim
	43	+	is a health care liability claim for purposes of Section 74.351, the
	44	+	claimant shall serve an expert report as required by Section 74.351
	45	+	not later than the later of:
93	46		(1) 120 days after the date each defendant's original
94	47		answer is filed;
95	48		(2) 60 days after the date the court issues the
96		-	preliminary determination under Subsection (a) ~~or (c)~~; or
	49	+	preliminary determination under Subsection (a); or
97	50		(3) a date agreed to in writing by the affected
98	51		parties.
99		-	(c) If a court does not issue a preliminary determination
100		-	under Subsection (a) before the 91st day after the date that a
101		-	claimant files a motion under that subsection, the court shall
102		-	issue a preliminary determination that the claim is a health care
103		-	liability claim for the purposes of Section 74.351.
104		-	(d) A preliminary determination under this section is
105		-	subject to interlocutory appeal by either the claimant or
106		-	defendant.
107		-	(e) If on interlocutory appeal an appellate court reverses a
108		-	trial court's preliminary determination that a claim is not a
109		-	health care liability claim, the claimant shall serve an expert
110		-	report as required by Section 74.351 not later than 120 days after
111		-	the date that the appellate court issues an opinion reversing the
112		-	preliminary determination.
113		-	(f) A preliminary determination under this section applies
114		-	only to the issue of whether a claimant is required to serve an
115		-	expert report under Section 74.351.
116		-	SECTION 4. The change in law made by this Act applies only
	52	+	(c) A preliminary determination under this section:
	53	+	(1) applies only to the issue of whether a claimant is
	54	+	required to serve an expert report under Section 74.351; and
	55	+	(2) is not subject to interlocutory appeal.
	56	+	SECTION 3. The change in law made by this Act applies only
117	57		to an action commenced on or after the effective date of this Act.
118	58		An action commenced before the effective date of this Act is
119	59		governed by the law as it existed immediately before the effective
120	60		date of this Act, and that law is continued in effect for that
121	61		purpose.
122		-	SECTION 5. This Act takes effect September 1, 2021.
	62	+	SECTION 4. This Act takes effect September 1, 2021.