By Sadler H.B. No. 1447
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to affidavits concerning cost and necessity of services in
1-3 certain civil actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 18, Civil Practice and
1-6 Remedies Code, is amended by adding Section 18.002 to read as
1-7 follows:
1-8 Sec. 18.002. FORM OF AFFIDAVIT. (a) An affidavit
1-9 concerning cost and necessity of services by the person who
1-10 provided the service is sufficient if it follows the following
1-11 form:
1-12 No.______________________
1-13 John Doe (Name ) IN THE _______
1-14 of Plaintiff) ) COURT IN AND FOR
1-15 v. ) _______ COUNTY,
1-16 John Roe (Name ) TEXAS
1-17 of Defendant) )
1-18 AFFIDAVIT
1-19 Before me, the undersigned authority, personally appeared
1-20 ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed
1-21 as follows:
1-22 My name is ____(NAME OF AFFIANT)_______. I am of sound mind
1-23 and capable of making this affidavit.
1-24 On __________(DATE)__________, I provided a service to
2-1 ____(NAME OF PERSON WHO RECEIVED SERVICE)____. An itemized
2-2 statement of the service and the charge for the service is attached
2-3 to this affidavit and is a part of this affidavit.
2-4 The service I provided was necessary and the amount that I
2-5 charged for the service was reasonable at the time and place that
2-6 the service was provided.
2-7 ___________________________________________
2-8 Affiant
2-9 SWORN TO AND SUBSCRIBED before me on the ________________day of
2-10 ______________, 19__.
2-11 My commission expires:
2-12 ______________________
2-13 ___________________________________________
2-14 Notary Public, State of Texas
2-15 Notary's printed name:
2-16 ___________________________________________
2-17 (b) An affidavit concerning cost and necessity of services
2-18 by the person who is in charge of records showing the service
2-19 provided and the charge made is sufficient if it follows the
2-20 following form:
2-21 No.______________________
2-22 John Doe (Name ) IN THE _______
2-23 of Plaintiff) ) COURT IN AND FOR
2-24 v. ) _______ COUNTY,
2-25 John Roe (Name ) TEXAS
2-26 of Defendant) )
2-27 AFFIDAVIT
3-1 Before me, the undersigned authority, personally appeared
3-2 ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed
3-3 as follows:
3-4 My name is _____(NAME OF AFFIANT)_______. I am of sound mind
3-5 and capable of making this affidavit.
3-6 I am the person in charge of records of ______(PERSON WHO
3-7 PROVIDED THE SERVICE)______. Attached to this affidavit are
3-8 records that provide an itemized statement of the service and the
3-9 charge for the service that ______(PERSON WHO PROVIDED THE
3-10 SERVICE)______ provided to ______(PERSON WHO RECEIVED THE
3-11 SERVICE)______ on ________(DATE)________. The attached records are
3-12 a part of this affidavit.
3-13 The attached records are kept by me in the regular course of
3-14 business. The information contained in the records was transmitted
3-15 to me in the regular course of business by ______(PERSON WHO
3-16 PROVIDED THE SERVICE)______ or an employee or representative of
3-17 ______(PERSON WHO PROVIDED THE SERVICE)______ who had personal
3-18 knowledge of the information. The records were made at or near the
3-19 time or reasonably soon after the time that the service was
3-20 provided. The records are the original or an exact duplicate of
3-21 the original.
3-22 The service provided was necessary and the amount charged for
3-23 the service was reasonable at the time and place that the service
3-24 was provided.
3-25 ___________________________________________
3-26 Affiant
3-27 SWORN TO AND SUBSCRIBED before me on the ________________day of
4-1 ______________, 19__.
4-2 My commission expires:
4-3 ______________________
4-4 ___________________________________________
4-5 Notary Public, State of Texas
4-6 Notary's printed name:
4-7 ___________________________________________
4-8 (c) The form of an affidavit provided by this section is not
4-9 exclusive and an affidavit that substantially complies with Section
4-10 18.001 is sufficient.
4-11 SECTION 2. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.