By: Harris, Jack H.B. No. 594
73R914 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to testimony by expert witnesses in civil actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 18, Civil Practice and Remedies Code, is
1-5 amended by adding Subchapter C to read as follows:
1-6 SUBCHAPTER C. EXPERT TESTIMONY
1-7 Sec. 18.041. DEFINITION. In this subchapter "testifying
1-8 expert" means a person who has been identified, in an answer to an
1-9 interrogatory or otherwise, as an expert witness who may be called
1-10 to testify in a civil action.
1-11 Sec. 18.042. QUALIFICATION OF EXPERT WITNESS. An expert
1-12 witness may testify in a civil action if the court finds that:
1-13 (1) testimony relating to scientific, technical, or
1-14 other specialized knowledge:
1-15 (A) will assist the trier of fact to understand
1-16 the evidence or to determine a fact in issue; or
1-17 (B) is required or authorized by law;
1-18 (2) if the testimony relates to a matter within the
1-19 scope of a licensed profession, the witness is licensed by the
1-20 appropriate regulatory agency;
1-21 (3) the witness is qualified as an expert in the field
1-22 in which the witness will testify by knowledge, skill, experience,
1-23 training, or education; and
1-24 (4) the testimony is based on a widely accepted
2-1 explanatory theory.
2-2 Sec. 18.043. CONTINGENCY FEE PROHIBITED. A court may not
2-3 admit into evidence testimony from a testifying expert whose
2-4 compensation depends on the outcome of the action.
2-5 Sec 18.044. DISCOVERY BY INTERROGATORY. In addition to
2-6 discovery relating to a testifying expert that may be obtained
2-7 under Rule 166b, Texas Rules of Civil Procedure, an interrogatory
2-8 served under Rule 168, Texas Rules of Civil Procedure, may require
2-9 the party on whom the interrogatory is served to:
2-10 (1) describe the expert's formal training;
2-11 (2) list the expert's publications, if any; and
2-12 (3) state the compensation the expert will receive for
2-13 assisting the party in the matter.
2-14 Sec. 18.045. DEPOSITION OF TESTIFYING EXPERT; FEE. A party
2-15 who deposes a testifying expert shall pay the testifying expert a
2-16 reasonable fee for the time spent in deposition, unless:
2-17 (1) on motion of a party, the court determines that
2-18 the payment of the fee would result in manifest injustice; or
2-19 (2) the parties agree otherwise.
2-20 Sec. 18.046. DISCOVERY OF DOCUMENTS. (a) In addition to
2-21 discovery relating to a testifying expert that may be obtained
2-22 under Rule 166b, Texas Rules of Civil Procedure, a request made
2-23 under Rule 167, Texas Rules of Civil Procedure, may request each
2-24 document on which the expert relies or has reviewed in preparation
2-25 for the expert's testimony.
2-26 (b) A party may serve a request for documents under Rule
2-27 167, Texas Rules of Civil Procedure, on a testifying expert without
3-1 obtaining a court order under Paragraph 3 of Rule 167, Texas Rules
3-2 of Civil Procedure.
3-3 Sec. 18.047. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
3-4 Notwithstanding Section 22.004, Government Code, this subchapter
3-5 may not be modified or repealed by a rule adopted by the supreme
3-6 court.
3-7 SECTION 2. This Act applies only to an action that is
3-8 commenced on or after the effective date of this Act. An action
3-9 that is commenced before the effective date of this Act is governed
3-10 by the law in effect at the time the suit is commenced, and that
3-11 law is continued in effect for that purpose.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.