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A BILL TO BE ENTITLED
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AN ACT
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relating to an affidavit required to be filed in a cause of action |
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against certain licensed or registered professionals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 150, Civil Practice and |
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Remedies Code, as amended by Chapters 189 (H.B. 854) and 208 (H.B. |
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1573), Acts of the 79th Legislature, Regular Session, 2005, is |
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reenacted to read as follows: |
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CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS |
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SECTION 2. Section 150.002, Civil Practice and Remedies |
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Code, as amended by Chapters 189 (H.B. 854) and 208 (H.B. 1573), |
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Acts of the 79th Legislature, Regular Session, 2005, is amended by |
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reenacting and amending Subsection (a) and adding Subsection (a-1) |
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to read as follows: |
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(a) In any action or arbitration proceeding for damages |
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alleging professional negligence by a licensed or registered |
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professional, the plaintiff shall be required to file with the |
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complaint an affidavit of a third-party licensed architect, |
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registered professional land surveyor, or licensed professional |
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engineer qualified as provided by Subsection (a-1) [competent to
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testify, holding the same professional license as, and practicing
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in the same area of practice as the defendant], which affidavit |
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shall set forth specifically at least one negligent act, error, or |
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omission claimed to exist and the factual basis for each such |
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claim. The third-party professional engineer, registered |
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professional land surveyor, or licensed architect shall be licensed |
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in this state and actively engaged in the practice of architecture, |
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surveying, or engineering. |
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(a-1) An affidavit required by Subsection (a) may be |
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completed by a licensed architect, registered professional land |
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surveyor, or licensed professional engineer who is: |
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(1) competent to testify; and |
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(2) knowledgeable in the area of practice for which |
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the person offers testimony based on the person's: |
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(A) knowledge; |
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(B) skill; |
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(C) experience; |
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(D) education; |
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(E) training; and |
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(F) practice. |
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SECTION 3. The change in law made by this Act applies only |
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to an action or arbitration filed or commenced on or after the |
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effective date of this Act. An action or arbitration filed or |
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commenced before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |