By Smithee H.B. No. 3011
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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
1-17 (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
1-22 (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.