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.