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.