By: Duncan  S.B. No. 679
         (In the Senate - Filed February 20, 2013; February 25, 2013,
  read first time and referred to Committee on State Affairs;
  March 27, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; March 27, 2013,
  sent to printer.)
  relating to certain records and supporting affidavits filed as
  evidence in certain actions.
         SECTION 1.  Subsections (b) and (d), Section 18.001, Civil
  Practice and Remedies Code, are amended to read as follows:
         (b)  Unless a controverting affidavit is served [filed] as
  provided by this section, an affidavit that the amount a person
  charged for a service was reasonable at the time and place that the
  service was provided and that the service was necessary is
  sufficient evidence to support a finding of fact by judge or jury
  that the amount charged was reasonable or that the service was
         (d)  The party offering the affidavit in evidence or the
  party's attorney must serve a copy of the affidavit on each other
  party to the case at least 30 days before the day on which evidence
  is first presented at the trial of the case. Except as provided by
  the Texas Rules of Evidence, the records attached to the affidavit
  are not required to be filed with the clerk of the court before the
  trial commences.
         SECTION 2.  Section 18.002, Civil Practice and Remedies
  Code, is amended by adding Subsections (b-1) and (b-2) to read as
         (b-1)  Notwithstanding Subsection (b), an affidavit
  concerning proof of medical expenses is sufficient if it
  substantially complies with the following form:
  Affidavit of Records Custodian of
  STATE OF TEXAS                 §
  COUNTY OF _____________________§
         Before me, the undersigned authority, personally appeared
  __________, who, being by me duly sworn, deposed as follows:
         My name is ___________________________________.  I am of
  sound mind and capable of making this affidavit, and personally
  acquainted with the facts herein stated.
         I am a custodian of records for __________.  Attached to this
  affidavit are records that provide an itemized statement of the
  service and the charge for the service that __________ provided to
  __________ on _____.  The attached records are a part of this
         The attached records are kept by __________ in the regular
  course of business, and it was the regular course of business of
  __________ for an employee or representative of __________, with
  knowledge of the service provided, to make the record or to transmit
  information to be included in the record.  The records were made in
  the regular course of business at or near the time or reasonably
  soon after the time the service was provided.  The records are the
  original or a duplicate of the original.
         The services provided were necessary and the amount charged
  for the services was reasonable at the time and place that the
  services were provided.
         The total amount paid for the services was $_____ and the
  amount currently unpaid but which __________ has a right to be paid
  after any adjustments or credits is $_____.
  SWORN TO AND SUBSCRIBED before me on the __________ day of _____,
                                       Notary Public, State of Texas
                                       Notary's printed name:___________
                                       My commission expires:___________
         (b-2)  If a medical bill or other itemized statement attached
  to an affidavit under Subsection (b-1) reflects a charge that is not
  recoverable, the reference to that charge is not admissible.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas Supreme Court shall amend Rule 902(10), Texas
  Rules of Evidence, to provide that medical records and medical
  billing information otherwise attached to an affidavit made for the
  purposes of that rule and served with the affidavit on the other
  parties to the relevant action are not required to be filed with the
  clerk of the court before the trial commences.
         SECTION 4.  The change in law made by this Act applies only
  to an action commenced on or after the effective date of this Act.
  An action commenced 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 5.  This Act takes effect September 1, 2013.
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