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H.B. No. 854
AN ACT
relating to an action for damages alleging professional negligence
by a registered professional land surveyor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 150.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 150.001. DEFINITION. In this chapter, "licensed or
registered [design] professional" means a registered architect,
registered professional land surveyor, or licensed professional
engineer.
SECTION 2. Sections 150.002(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) In any action for damages alleging professional
negligence by a licensed or registered [design] professional, the
plaintiff shall be required to file with the complaint an affidavit
of a third-party registered architect, registered professional
land surveyor, or licensed professional engineer competent to
testify 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, registered professional land surveyor, or registered
architect shall be licensed in this state and actively engaged in
the practice of architecture, surveying, 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 architect, registered professional
land surveyor, 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 may, on motion, after hearing and for good cause, extend
such time as it shall determine justice requires.
SECTION 3. The heading to Chapter 150, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 150. LICENSED OR REGISTERED [DESIGN] PROFESSIONALS
SECTION 4. This Act applies only to an action filed on or
after the effective date of this Act. An action filed before the
effective date of this Act, including an action filed before that
date in which a party is joined or designated after that date, is
governed by the law in effect immediately before the change in law
made by this Act, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 854 was passed by the House on April
20, 2005, by the following vote: Yeas 140, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 854 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor