S.B. No. 232
AN ACT
relating to service of expert reports for health care liability
claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003;
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022; [or]
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code; or
(15) makes a preliminary determination on a claim
under Section 74.353.
SECTION 2. Sections 74.351(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) In a health care liability claim, a claimant shall, not
later than the 120th day after the date each defendant's original
answer is filed or a later date required under Section 74.353, serve
on that party or the party's attorney one or more expert reports,
with a curriculum vitae of each expert listed in the report for each
physician or health care provider against whom a liability claim is
asserted. The date for serving the report may be extended by
written agreement of the affected parties. Each defendant
physician or health care provider whose conduct is implicated in a
report must file and serve any objection to the sufficiency of the
report not later than the later of the 21st day after the date the
report is served or the 21st day after the date the defendant's
answer is filed, failing which all objections are waived.
(c) If an expert report has not been served within the
period specified by Subsection (a) because elements of the report
are found deficient, the court may grant one 30-day extension to the
claimant in order to cure the deficiency. If the claimant does not
receive notice of the court's ruling granting the extension until
after the applicable [120-day] deadline has passed, then the 30-day
extension shall run from the date the plaintiff first received the
notice.
SECTION 3. Subchapter H, Chapter 74, Civil Practice and
Remedies Code, is amended by adding Section 74.353 to read as
follows:
Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT
REQUIREMENT. (a) On motion of a claimant filed not later than 30
days after the date each defendant's original answer is filed, a
court may issue a preliminary determination regarding whether a
claim made by the claimant is a health care liability claim for the
purposes of Section 74.351.
(b) If a court determines under Subsection (a) or (c) that a
claim is a health care liability claim for purposes of Section
74.351, the claimant shall serve an expert report as required by
Section 74.351 not later than the later of:
(1) 120 days after the date each defendant's original
answer is filed;
(2) 60 days after the date the court issues the
preliminary determination under Subsection (a) or (c); or
(3) a date agreed to in writing by the affected
parties.
(c) If a court does not issue a preliminary determination
under Subsection (a) before the 91st day after the date that a
claimant files a motion under that subsection, the court shall
issue a preliminary determination that the claim is a health care
liability claim for the purposes of Section 74.351.
(d) A preliminary determination under this section is
subject to interlocutory appeal by either the claimant or
defendant.
(e) If on interlocutory appeal an appellate court reverses a
trial court's preliminary determination that a claim is not a
health care liability claim, the claimant shall serve an expert
report as required by Section 74.351 not later than 120 days after
the date that the appellate court issues an opinion reversing the
preliminary determination.
(f) A preliminary determination under this section applies
only to the issue of whether a claimant is required to serve an
expert report under Section 74.351.
SECTION 4. 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 as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 232 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 232 passed the House on
May 13, 2021, by the following vote: Yeas 83, Nays 60, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor