By Smithee                                            H.B. No. 3037
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     Relating to the furnishing of a cost bond and expert report in a
 1-3     medical liability action.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 13.01 of Subchapter M of Article 4590I,
 1-6     V.A.T.C.S., is amended as follows:
 1-7           (f)  The court may, for good cause shown after motion and
 1-8     hearing, extend any time period specified in Subsection (d) of this
 1-9     section for an additional 30 days past the 180th day after the date
1-10     on which the health care liability claim was filed.  Only one
1-11     extension may be granted under this subsection.  Any motion filed
1-12     under this subsection seeking an extension of time must be filed
1-13     with the court and served on the opposing party prior to the
1-14     expiration of the time period established in subsection (d).
1-15           (g)  Notwithstanding any other provision of this section, if
1-16     a claimant has failed to comply with a deadline established by
1-17     subsection (d) of this section and after hearing the court finds
1-18     that the failure of the claimant or the claimant's attorney was not
1-19     intentional or the result of conscious indifference but was the
1-20     result of an accident or mistake, the court shall grant a grace
1-21     period of 30 days to permit the claimant to comply with that
 2-1     subsection.  A mistake in the interpretation of law or in the
 2-2     application of the law to the facts of the case shall not
 2-3     constitute valid grounds for relief under this subsection.  A
 2-4     motion by a claimant for relief under this subsection shall be
 2-5     considered timely if it is filed before any hearing on a motion by
 2-6     a defendant under subsection (e) of this section.  If the court
 2-7     grants relief under this subsection, it shall state on the record
 2-8     its findings of fact and conclusions of law constituting the basis
 2-9     of its decision.
2-10           (j)  Nothing in this section shall be construed to require
2-11     the [filing] furnishing of an expert report regarding any issue
2-12     relating to liability or causation.
2-13           SECTION 2.  Changes in this Act shall apply to apply to
2-14     lawsuits filed on or after September 1, 1999.
2-15           SECTION 3.  This Act takes effect September 1, 1999.
2-16           SECTION 4.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.