By Hunter of Nueces, Duncan H.B. No. 985 74R1940 DAK-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. TESTIMONY OF EXPERT WITNESS. A witness may 1-8 testify, in the form of an opinion or otherwise, on a matter 1-9 involving scientific, technical, or other specialized knowledge, in 1-10 a civil action, only if the court finds that: 1-11 (1) the witness is qualified as an expert in the field 1-12 in which the witness will testify by knowledge, skill, experience, 1-13 training, or education; 1-14 (2) the facts on which the witness relies to form the 1-15 witness's opinion are the same type of facts on which other experts 1-16 in the same field as the witness would reasonably rely; 1-17 (3) the reasoning or methodology underlying the 1-18 testimony is scientifically valid and can properly be applied to 1-19 the facts at issue; 1-20 (4) the testimony will assist the trier of fact to 1-21 understand the evidence or to determine a fact in issue; and 1-22 (5) the probative value of the testimony is not 1-23 substantially outweighed by: 1-24 (A) the danger of unfair prejudice, confusion of 2-1 the issues, or misleading the jury; or 2-2 (B) considerations of undue delay, waste of 2-3 time, or needless presentation of cumulative evidence. 2-4 Sec. 18.042. APPELLATE REVIEW. (a) The decision by a trial 2-5 court to admit expert testimony is reviewable by an appellate court 2-6 as a matter of law. 2-7 (b) An appellate court that determines that a trial court 2-8 has improperly admitted expert testimony shall treat the admission 2-9 as reversible error. 2-10 Sec. 18.043. CONFLICT WITH TEXAS RULES OF CIVIL EVIDENCE. 2-11 (a) To the extent that this subchapter conflicts with the Texas 2-12 Rules of Civil Evidence, this subchapter controls. 2-13 (b) Notwithstanding Section 22.004, Government Code, the 2-14 supreme court may not amend or adopt rules in conflict with this 2-15 subchapter. 2-16 (c) The district courts and statutory county courts in a 2-17 county may not adopt local rules in conflict with this subchapter. 2-18 SECTION 2. This Act takes effect September 1, 1995, and 2-19 applies only to the admission of expert testimony in an action 2-20 commenced on or after that date. The admission of expert testimony 2-21 in an action commenced before the effective date of this Act is 2-22 governed by the law in effect at the time the action was commenced, 2-23 and that law is continued in effect for that purpose. 2-24 SECTION 3. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.