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79R8933 AJA-F
By: Wentworth S.B. No. 1190
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures governing health care liability
claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.002(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Notwithstanding Subsection (a), in the event of a
conflict between this chapter and Section 33.004, 101.023, 102.003,
or 108.002, those sections of this code control to the extent of the
conflict.
SECTION 2. Section 74.051, Civil Practice and Remedies
Code, is amended by adding Subsection (f) to read as follows:
(f) This section applies to any party seeking to designate a
responsible third party under Section 33.004.
SECTION 3. Sections 74.351(a) and (u), Civil Practice and
Remedies Code, are 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 suit [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.
(u) Notwithstanding any other provision of this section,
after a claim is filed all claimants, collectively, may take not
more than two depositions of any party or other person, including a
defendant, before the expert report is served as required by
Subsection (a).
SECTION 4. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.