1-1 By: Sadler (Senate Sponsor - Ratliff) H.B. No. 1447
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to affidavits concerning cost and necessity of services in
1-18 certain civil actions.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subchapter A, Chapter 18, Civil Practice and
1-21 Remedies Code, is amended by adding Section 18.002 to read as
1-22 follows:
1-23 Sec. 18.002. FORM OF AFFIDAVIT. (a) An affidavit
1-24 concerning cost and necessity of services by the person who
1-25 provided the service is sufficient if it follows the following
1-26 form:
1-27 No.______________________
1-28 John Doe (Name ) IN THE _______
1-29 of Plaintiff) ) COURT IN AND FOR
1-30 v. ) _______ COUNTY,
1-31 John Roe (Name ) TEXAS
1-32 of Defendant) )
1-33 AFFIDAVIT
1-34 Before me, the undersigned authority, personally appeared
1-35 ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed
1-36 as follows:
1-37 My name is ____(NAME OF AFFIANT)_______. I am of sound mind
1-38 and capable of making this affidavit.
1-39 On __________(DATE)__________, I provided a service to
1-40 ____(NAME OF PERSON WHO RECEIVED SERVICE)____. An itemized
1-41 statement of the service and the charge for the service is attached
1-42 to this affidavit and is a part of this affidavit.
1-43 The service I provided was necessary and the amount that I
1-44 charged for the service was reasonable at the time and place that
1-45 the service was provided.
1-46 ___________________________________________
1-47 Affiant
1-48 SWORN TO AND SUBSCRIBED before me on the ________________day of
1-49 ______________, 19__.
1-50 My commission expires:
1-51 ______________________
1-52 ___________________________________________
1-53 Notary Public, State of Texas
1-54 Notary's printed name:
1-55 ___________________________________________
1-56 (b) An affidavit concerning cost and necessity of services
1-57 by the person who is in charge of records showing the service
1-58 provided and the charge made is sufficient if it follows the
1-59 following form:
1-60 No.______________________
1-61 John Doe (Name ) IN THE _______
1-62 of Plaintiff) ) COURT IN AND FOR
1-63 v. ) _______ COUNTY,
1-64 John Roe (Name ) TEXAS
1-65 of Defendant) )
1-66 AFFIDAVIT
1-67 Before me, the undersigned authority, personally appeared
1-68 ______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed
2-1 as follows:
2-2 My name is _____(NAME OF AFFIANT)_______. I am of sound mind
2-3 and capable of making this affidavit.
2-4 I am the person in charge of records of ______(PERSON WHO
2-5 PROVIDED THE SERVICE)______. Attached to this affidavit are
2-6 records that provide an itemized statement of the service and the
2-7 charge for the service that ______(PERSON WHO PROVIDED THE
2-8 SERVICE)______ provided to ______(PERSON WHO RECEIVED THE
2-9 SERVICE)______ on ________(DATE)________. The attached records are
2-10 a part of this affidavit.
2-11 The attached records are kept by me in the regular course of
2-12 business. The information contained in the records was transmitted
2-13 to me in the regular course of business by ______(PERSON WHO
2-14 PROVIDED THE SERVICE)______ or an employee or representative of
2-15 ______(PERSON WHO PROVIDED THE SERVICE)______ who had personal
2-16 knowledge of the information. The records were made at or near the
2-17 time or reasonably soon after the time that the service was
2-18 provided. The records are the original or an exact duplicate of
2-19 the original.
2-20 The service provided was necessary and the amount charged for
2-21 the service was reasonable at the time and place that the service
2-22 was provided.
2-23 ___________________________________________
2-24 Affiant
2-25 SWORN TO AND SUBSCRIBED before me on the ________________day of
2-26 ______________, 19__.
2-27 My commission expires:
2-28 ______________________
2-29 ___________________________________________
2-30 Notary Public, State of Texas
2-31 Notary's printed name:
2-32 ___________________________________________
2-33 (c) The form of an affidavit provided by this section is not
2-34 exclusive and an affidavit that substantially complies with Section
2-35 18.001 is sufficient.
2-36 SECTION 2. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended,
2-41 and that this Act take effect and be in force from and after its
2-42 passage, and it is so enacted.
2-43 * * * * *
2-44 Austin,
2-45 Texas
2-46 May 11, 1993
2-47 Hon. Bob Bullock
2-48 President of the Senate
2-49 Sir:
2-50 We, your Committee on Jurisprudence to which was referred H.B.
2-51 No. 1447, have had the same under consideration, and I am
2-52 instructed to report it back to the Senate with the recommendation
2-53 that it do pass and be printed.
2-54 Henderson,
2-55 Chairman
2-56 * * * * *
2-57 WITNESSES
2-58 FOR AGAINST ON
2-59 ___________________________________________________________________
2-60 Name: Phil Cates x
2-61 Representing: Capital Consultants
2-62 City: Austin
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