Amend Amendment No. 1 as follows:                                            
	(1)  Strike SECTION 2 of the bill and substitute the 
following:              
	SECTION 2. Chapter 150, Civil Practice and Remedies Code, is 
amended to read as follows:

CHAPTER 150. DESIGN PROFESSIONALS
	Sec. 150.001. DEFINITION. In this chapter:                              
		(1)  "Design [, "design] professional" means a 
[registered] licensed architect, [or] licensed professional 
engineer, or any firm in which such licensed professional practices 
including but not limited to a corporation, professional 
corporation, limited liability corporation, partnership, limited 
liability partnership, sole proprietorship, joint venture, or an 
other business entity.
		(2)  "Practice of architecture" has the meaning 
assigned by Section 1051.001, Occupations Code.
	Sec. 150.002. CERTIFICATE OF MERIT. (a) In any action or 
arbitration proceeding for damages [alleging professional 
negligence] arising out of the provision of professional services 
by a design professional, the plaintiff shall be required to file 
with the complaint an affidavit of a third-party [registered] 
licensed architect or licensed professional engineer competent to 
testify, holding the same professional license as, and practicing 
in the same area of practice as the defendant, which affidavit shall 
set forth specifically at least one negligent act, error, or 
omission claimed to exist and the factual basis for each such claim. 
The third-party professional engineer or [registered] licensed 
architect shall be licensed in this sate and actively engaged in the 
practice of architecture or engineering.
	(b)  The contemporaneous filing requirement of Subsection (a) 
shall not apply to any case in which the period of limitation will 
expire within 10 days of the date of filing and, because of such 
time constraints, the plaintiff has alleged that an affidavit of a 
third-party [registered] licensed architect or professional 
engineer could not be prepared. In such cases, the plaintiff shall 
have 30 days after the filing of the complaint to supplement the 
pleadings with the affidavit. The trial court many, on motion, 
after hearing and for good cause, extend such time as it shall 
determine justice requires.
	(c)  The defendant shall not be required to file an answer to 
the complaint and affidavit until 30 days after the filing of such 
affidavit.
	(d)  The plaintiff's failure to file the affidavit in 
accordance with Subsection (a) or (b) [may] shall result in 
dismissal [with prejudice] of the complaint against the defendant. 
This dismissal may be with prejudice.
	(e)  An order granting or denying a motion for dismissal is 
immediately appealable as an interlocutory order.
	(f) [(e)]  This statute shall not be construed to extend any 
applicable period of limitation or repose.
	(g)  This statute does not apply to any suit or action for the 
payment of fees arising out of the provision of professional 
services.