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Senate Bill 1201 |
Senate Author: Carona |
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Effective: 9-1-09 |
House Sponsor: Lewis |
Senate Bill 1201 amends the Civil Practice and Remedies Code to clarify who may act as a third-party professional in an action or arbitration proceeding for damages arising out of the provision of certain professional services. The bill adds registered landscape architect to the definition of "licensed or registered professional." The bill requires the plaintiff, in any such action or arbitration, to file an affidavit of a third-party licensed architect, licensed professional engineer, registered landscape architect, or registered professional land surveyor who is competent to testify, holds the same professional license or registration as the defendant, and is knowledgeable in the area of practice of the defendant and offers testimony based on the person's knowledge, skill, experience, education, training, and practice. The bill requires the affidavit to set forth for each theory of recovery for which damages are sought the negligence, if any, or other action, error, or omission of the professional claimed as existing and the factual basis for each such claim.