H.B. No. 2645
relating to service of expert reports in health care liability
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.
President of the Senate Speaker of the House
I certify that H.B. No. 2645 was passed by the House on April
14, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2645 was passed by the Senate on May
18, 2005, by the following vote: Yeas 30, Nays 0.
Secretary of the Senate