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A BILL TO BE ENTITLED
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AN ACT
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relating to evidence in a civil action concerning the provision and |
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cost of certain services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 18.001(c) and (d), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(c) The affidavit must: |
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(1) be taken before an officer with authority to |
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administer oaths; |
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(2) be made by: |
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(A) the person who provided the service; or |
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(B) the person in charge of records showing the |
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service provided and charge made; and |
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(3) include: |
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(A) an itemized statement of the service and |
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charge; and |
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(B) for a medical service, medical records and |
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medical billing information relating to the service. |
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(d) The party offering the affidavit in evidence or the |
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party's attorney must serve a copy of the affidavit and any itemized |
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statement, medical records, or medical billing information |
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required by Subsection (c)(3) on each other party to the case at |
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least 30 days before the day on which evidence is first presented at |
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the trial of the case. Except as provided by the Texas Rules of |
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Evidence, the records attached to the affidavit are not required to |
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be filed with the clerk of the court before the trial commences. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |