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