| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the filing of certain medical information as evidence |
|
|
in civil and criminal proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 22, Government Code, is |
|
|
amended by adding Section 22.018 to read as follows: |
|
|
Sec. 22.018. ADMISSIBILITY OF MEDICAL RECORDS. (a) |
|
|
Notwithstanding any provision of the Texas Rules of Evidence, a |
|
|
medical record may not be required to be filed with a court before a |
|
|
trial commences in order to exempt the record from a requirement to |
|
|
provide extrinsic evidence of authenticity as a condition precedent |
|
|
to admissibility of the record if: |
|
|
(1) an affidavit of the custodian of the record or |
|
|
other qualified witness is filed in accordance with the Texas Rules |
|
|
of Evidence to authenticate the record as a record of a regularly |
|
|
conducted activity; and |
|
|
(2) the affidavit and the record that is the subject of |
|
|
the affidavit are served on the other parties to the action no later |
|
|
than the 30th day before the date the trial commences. |
|
|
(b) Notwithstanding Section 22.004, the supreme court may |
|
|
not amend or adopt rules in conflict with this section. |
|
|
SECTION 2. Section 22.018, Government Code, as added by |
|
|
this Act, applies only to the admissibility of evidence in an action |
|
|
that commences on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |