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A BILL TO BE ENTITLED
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AN ACT
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relating to affidavits concerning cost and necessity of services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 18.001, Civil Practice and Remedies |
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Code, is amended by amending Subsections (b), (d), (e), and (f) and |
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adding Subsection (d-1) to read as follows: |
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(b) Unless a controverting affidavit is served as provided |
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by this section, an affidavit that the amount a person charged for a |
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service was reasonable at the time and place that the service was |
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provided and that the service was necessary may be admitted as [is
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sufficient] evidence [to support a finding of fact by judge or jury] |
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that the amount charged was reasonable or that the service was |
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necessary. The affidavit does not create a presumption that the |
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amount charged was reasonable or that the service was necessary. |
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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 on each other |
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party to the case not later than the earlier of: |
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(1) 60 [at least 30] days before the date [day on which
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evidence is first presented at] the trial commences; or |
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(2) the date the offering party must designate any |
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expert witnesses under the Texas Rules of Civil Procedure [of the
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case]. |
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(d-1) The party offering the affidavit in evidence or the |
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party's attorney must file notice with the clerk of the court, not |
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later than the latest date for serving a copy of the affidavit under |
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Subsection (d), that the party or the attorney served a copy of the |
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affidavit in accordance with this section. Except as provided by |
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the Texas Rules of Evidence, [the records attached to] the |
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affidavit is [are] not required to be filed with the clerk of the |
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court before the trial commences. |
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(e) Regardless of the date the party offering the affidavit |
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in evidence serves a copy of the affidavit under Subsection (d), a |
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[A] party intending to controvert a claim reflected by the |
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affidavit must serve a copy of the counteraffidavit on each other |
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party or the party's attorney of record by the earlier of: |
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(1) 30 days before the date the trial commences [not
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later than:
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[(A)
30 days after the day the party receives a
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copy of the affidavit; and
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[(B)
at least 14 days before the day on which
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evidence is first presented at the trial of the case]; or |
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(2) the date the party must designate expert witnesses |
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under the Texas Rules of Civil Procedure [with leave of the court,
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at any time before the commencement of evidence at trial]. |
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(f) The counteraffidavit must: |
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(1) give reasonable notice of the basis on which the |
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party serving it intends at trial to controvert the claim reflected |
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by the initial affidavit; |
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(2) [and must] be taken before a person authorized to |
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administer oaths; and |
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(3) [. The counteraffidavit must] be made by: |
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(A) the party that seeks to offer the |
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counteraffidavit or the party's attorney if the initial affidavit |
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was made by a person described by Subsection (c)(2)(B); or |
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(B) a person who is qualified, by knowledge, |
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skill, experience, training, education, or other expertise, to |
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testify in contravention of all or part of any of the matters |
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contained in the initial affidavit. |
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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, 2017. |