Texas 2021 - 87th Regular

Texas Senate Bill SB232 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 232
	1	+	By: Johnson S.B. No. 232
	2	+	(Davis)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to service of expert reports for health care liability
6	8		claims.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 51.014(a), Civil Practice and Remedies
9	11		Code, is amended to read as follows:
10	12		(a) A person may appeal from an interlocutory order of a
11	13		district court, county court at law, statutory probate court, or
12	14		county court that:
13	15		(1) appoints a receiver or trustee;
14	16		(2) overrules a motion to vacate an order that
15	17		appoints a receiver or trustee;
16	18		(3) certifies or refuses to certify a class in a suit
17	19		brought under Rule 42 of the Texas Rules of Civil Procedure;
18	20		(4) grants or refuses a temporary injunction or grants
19	21		or overrules a motion to dissolve a temporary injunction as
20	22		provided by Chapter 65;
21	23		(5) denies a motion for summary judgment that is based
22	24		on an assertion of immunity by an individual who is an officer or
23	25		employee of the state or a political subdivision of the state;
24	26		(6) denies a motion for summary judgment that is based
25	27		in whole or in part upon a claim against or defense by a member of
26	28		the electronic or print media, acting in such capacity, or a person
27	29		whose communication appears in or is published by the electronic or
28	30		print media, arising under the free speech or free press clause of
29	31		the First Amendment to the United States Constitution, or Article
30	32		I, Section 8, of the Texas Constitution, or Chapter 73;
31	33		(7) grants or denies the special appearance of a
32	34		defendant under Rule 120a, Texas Rules of Civil Procedure, except
33	35		in a suit brought under the Family Code;
34	36		(8) grants or denies a plea to the jurisdiction by a
35	37		governmental unit as that term is defined in Section 101.001;
36	38		(9) denies all or part of the relief sought by a motion
37	39		under Section 74.351(b), except that an appeal may not be taken from
38	40		an order granting an extension under Section 74.351;
39	41		(10) grants relief sought by a motion under Section
40	42		74.351(l);
41	43		(11) denies a motion to dismiss filed under Section
42	44		90.007;
43	45		(12) denies a motion to dismiss filed under Section
44	46		27.003;
45	47		(13) denies a motion for summary judgment filed by an
46	48		electric utility regarding liability in a suit subject to Section
47	49		75.0022; [or]
48	50		(14) denies a motion filed by a municipality with a
49	51		population of 500,000 or more in an action filed under Section
50	52		54.012(6) or 214.0012, Local Government Code; or
51	53		(15) makes a preliminary determination on a claim
52	54		under Section 74.353.
53	55		SECTION 2. Sections 74.351(a) and (c), Civil Practice and
54	56		Remedies Code, are amended to read as follows:
55	57		(a) In a health care liability claim, a claimant shall, not
56	58		later than the 120th day after the date each defendant's original
57	59		answer is filed or a later date required under Section 74.353, serve
58	60		on that party or the party's attorney one or more expert reports,
59	61		with a curriculum vitae of each expert listed in the report for each
60	62		physician or health care provider against whom a liability claim is
61	63		asserted. The date for serving the report may be extended by
62	64		written agreement of the affected parties. Each defendant
63	65		physician or health care provider whose conduct is implicated in a
64	66		report must file and serve any objection to the sufficiency of the
65	67		report not later than the later of the 21st day after the date the
66	68		report is served or the 21st day after the date the defendant's
67	69		answer is filed, failing which all objections are waived.
68	70		(c) If an expert report has not been served within the
69	71		period specified by Subsection (a) because elements of the report
70	72		are found deficient, the court may grant one 30-day extension to the
71	73		claimant in order to cure the deficiency. If the claimant does not
72	74		receive notice of the court's ruling granting the extension until
73	75		after the applicable [120-day] deadline has passed, then the 30-day
74	76		extension shall run from the date the plaintiff first received the
75	77		notice.
76	78		SECTION 3. Subchapter H, Chapter 74, Civil Practice and
77	79		Remedies Code, is amended by adding Section 74.353 to read as
78	80		follows:
79	81		Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT
80	82		REQUIREMENT. (a) On motion of a claimant filed not later than 30
81	83		days after the date each defendant's original answer is filed, a
82	84		court may issue a preliminary determination regarding whether a
83	85		claim made by the claimant is a health care liability claim for the
84	86		purposes of Section 74.351.
85	87		(b) If a court determines under Subsection (a) or (c) that a
86	88		claim is a health care liability claim for purposes of Section
87	89		74.351, the claimant shall serve an expert report as required by
88	90		Section 74.351 not later than the later of:
89	91		(1) 120 days after the date each defendant's original
90	92		answer is filed;
91	93		(2) 60 days after the date the court issues the
92	94		preliminary determination under Subsection (a) or (c); or
93	95		(3) a date agreed to in writing by the affected
94	96		parties.
95	97		(c) If a court does not issue a preliminary determination
96	98		under Subsection (a) before the 91st day after the date that a
97	99		claimant files a motion under that subsection, the court shall
98	100		issue a preliminary determination that the claim is a health care
99	101		liability claim for the purposes of Section 74.351.
100	102		(d) A preliminary determination under this section is
101	103		subject to interlocutory appeal by either the claimant or
102	104		defendant.
103	105		(e) If on interlocutory appeal an appellate court reverses a
104	106		trial court's preliminary determination that a claim is not a
105	107		health care liability claim, the claimant shall serve an expert
106	108		report as required by Section 74.351 not later than 120 days after
107	109		the date that the appellate court issues an opinion reversing the
108	110		preliminary determination.
109	111		(f) A preliminary determination under this section applies
110	112		only to the issue of whether a claimant is required to serve an
111	113		expert report under Section 74.351.
112	114		SECTION 4. The change in law made by this Act applies only
113	115		to an action commenced on or after the effective date of this Act.
114	116		An action commenced before the effective date of this Act is
115	117		governed by the law as it existed immediately before the effective
116	118		date of this Act, and that law is continued in effect for that
117	119		purpose.
118	120		SECTION 5. This Act takes effect September 1, 2021.
119		-	______________________________ ______________________________
120		-	President of the Senate Speaker of the House
121		-	I hereby certify that S.B. No. 232 passed the Senate on
122		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
123		-	______________________________
124		-	Secretary of the Senate
125		-	I hereby certify that S.B. No. 232 passed the House on
126		-	May 13, 2021, by the following vote: Yeas 83, Nays 60, one present
127		-	not voting.
128		-	______________________________
129		-	Chief Clerk of the House
130		-	Approved:
131		-	______________________________
132		-	Date
133		-	______________________________
134		-	Governor