By Smithee                                            H.B. No. 3011
         77R9269 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to expert and bond requirements involving a health care
 1-3     liability claim.
 1-5           SECTION 1. Section 13.01(f), Article 4590i, is amended to
 1-6     read 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           SECTION 2.  Section 13.01(j) of Article 4590i is amended as
1-16     follows:
1-17           (j)  Nothing in this section shall be construed to require
1-18     the [filing] furnishing of an expert report regarding any issue
1-19     other than an issue relating to liability or causation.
1-20           SECTION 3.  Section 13.01(k) of Article 4590i is amended as
1-21     follows:
1-22           (k)  Notwithstanding any other law, an expert report [filed]
1-23     furnished under this section:
1-24                 (1)  is not admissible in evidence by a defendant;
 2-1                 (2)  shall not be used in a deposition, trial, or other
 2-2     proceeding; and
 2-3                 (3)  shall not be referred to by a defendant during the
 2-4     course of the action for any purpose[.], however, notwithstanding
 2-5     the restrictions in Subsection (k)(1), (2) and (3), if the party
 2-6     producing an expert report under this subsection utilizes that
 2-7     report for any purpose other than for compliance with the
 2-8     requirements of this section, then the restrictions upon the use of
 2-9     such report set forth in Subsections (k)(1), (2) and (3) shall be
2-10     deemed waived.
2-11           SECTION 4.  Section 13.01(g) of Article 4590i is removed.
2-12           [(g)  Notwithstanding any other provision of this section, if
2-13     a claimant has failed to comply with a deadline established by
2-14     Subsection (d) of this section and after hearing the court finds
2-15     that the failure of the claimant or the claimant's attorney was not
2-16     intentional or the result of conscious indifference but was the
2-17     result of an accident or mistake, the court shall grant a grace
2-18     period of 30 days to permit the claimant to comply with that
2-19     subsection.  A motion by a claimant for relief under this
2-20     subsection shall be considered timely if it is filed before any
2-21     hearing on a motion under Subsection (e) of this section.]
2-22           SECTION 5.  This Act takes effect on September 1, 2001 and
2-23     applies to cases filed on or after that date.