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.