This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                
79R10850 DAK-D


By:  Nixon                                                        H.B. No. 2645



A BILL TO BE ENTITLED

AN ACT

relating to service of expert reports in health care liability 
claims.      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 74.351(a), Civil Practice and Remedies 
Code, is amended to read as follows:
	(a)  In a health care liability claim, a claimant shall, not 
later than the 120th day after the date the original petition 
[claim] was filed, serve on each party or the party's attorney one 
or more expert reports, with a curriculum vitae of each expert 
listed in the report for each physician or health care provider 
against whom a liability claim is asserted.  The date for serving 
the report may be extended by written agreement of the affected 
parties.  Each defendant physician or health care provider whose 
conduct is implicated in a report must file and serve any objection 
to the sufficiency of the report not later than the 21st day after 
the date it was served, failing which all objections are waived.
	SECTION 2.  This Act applies only to a cause of action that 
accrues on or after the effective date of this Act.  An action that 
accrued before the effective date of this Act is governed by the law 
applicable to the action immediately before the effective date of 
this Act, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.