H.B. No. 1447 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.