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A BILL TO BE ENTITLED
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AN ACT
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Relating to the requirements for a certificate of merit in certain |
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actions or arbitration proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 150.002, Civil Practice & Remedies Code, |
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is amended to read as follows: |
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(a) In any action or arbitration proceeding for damages |
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arising out of the provision of professional services by a licensed |
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or registered professional, the plaintiff shall be required to file |
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with the complaint an affidavit of a third-party licensed |
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architect, licensed professional engineer, registered landscape |
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architect, or registered land surveyor who: |
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(1) Is competent to testify; |
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(2) Holds the same professional license or |
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registration as the defendant; and |
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(3) Is knowledgeable in the area of practice of the |
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defendant and 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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(b) The affidavit shall set forth specifically for each |
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theory of recovery for which damages are sought, the negligence, if |
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any, or other action, error, or omission of the licensed or |
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registered professional in providing the professional service, |
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including any error, or omission in providing advice, judgment, |
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opinion, or a similar professional skill claimed to exist and the |
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factual basis for each such claim. The third-party licensed |
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architect, licensed professional engineer, registered landscape |
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architect, or registered professional land surveyor shall be |
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licensed or registered in this state and actively engaged in the |
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practice of architecture, engineering, or surveying. |
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(b-1) The affidavit shall set forth specifically facts |
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sufficient to establish the affiant's familiarity or experience |
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with the practice area at issue such that they establish the |
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affiant's qualifications to render an opinion on the matters in the |
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affidavit pertaining to subsection (b). The affiant shall attach to |
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the affidavit as an exhibit the affiant's curriculum vitae or |
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similar document sufficient to establish that the affiant meets the |
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requirements of subsection (a). |
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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 in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |