| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a certificate of merit in certain actions against |
|
|
certain licensed or registered professionals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 150.001, Civil Practice and Remedies |
|
|
Code, is amended by amending Subdivisions (1-a) and (1-b) and |
|
|
adding Subdivision (1-c) to read as follows: |
|
|
(1-a) "Claimant" means a party, including a plaintiff |
|
|
or third-party plaintiff, seeking recovery for damages, |
|
|
contribution, or indemnification. |
|
|
(1-b) "Licensed or registered professional" means a |
|
|
licensed architect, licensed professional engineer, registered |
|
|
professional land surveyor, registered landscape architect, or any |
|
|
firm in which such licensed or registered professional practices, |
|
|
including but not limited to a corporation, professional |
|
|
corporation, limited liability corporation, partnership, limited |
|
|
liability partnership, sole proprietorship, joint venture, or any |
|
|
other business entity. |
|
|
(1-c) [(1-b)] "National model code group" means an |
|
|
organization consisting of industry and government fire and |
|
|
building safety officials that develops and promulgates a national |
|
|
model code, as defined by Section 214.217, Local Government Code. |
|
|
SECTION 2. Sections 150.002(a), (c), and (e), Civil |
|
|
Practice and Remedies Code, are amended to read as follows: |
|
|
(a) In any action or arbitration proceeding for damages |
|
|
arising out of the provision of professional services by a licensed |
|
|
or registered professional, a claimant [the plaintiff] shall be |
|
|
required to file with the complaint an affidavit of a third-party |
|
|
licensed architect, licensed professional engineer, registered |
|
|
landscape architect, or registered professional land surveyor who: |
|
|
(1) is competent to testify; |
|
|
(2) holds the same professional license or |
|
|
registration as the defendant; and |
|
|
(3) practices [is knowledgeable] in the area of |
|
|
practice of the defendant and offers testimony based on the |
|
|
person's: |
|
|
(A) knowledge; |
|
|
(B) skill; |
|
|
(C) experience; |
|
|
(D) education; |
|
|
(E) training; and |
|
|
(F) practice. |
|
|
(c) The contemporaneous filing requirement of Subsection |
|
|
(a) shall not apply to any case in which the period of limitation |
|
|
will expire within 10 days of the date of filing and, because of |
|
|
such time constraints, a claimant [the plaintiff] has alleged that |
|
|
an affidavit of a third-party licensed architect, licensed |
|
|
professional engineer, registered landscape architect, or |
|
|
registered professional land surveyor could not be prepared. In |
|
|
such cases, the claimant [plaintiff] shall have 30 days after the |
|
|
filing of the complaint to supplement the pleadings with the |
|
|
affidavit. The trial court may, on motion, after hearing and for |
|
|
good cause, extend such time as it shall determine justice |
|
|
requires. |
|
|
(e) A claimant's [The plaintiff's] failure to file the |
|
|
affidavit in accordance with this section shall result in dismissal |
|
|
of the complaint against the defendant. This dismissal may be with |
|
|
prejudice. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an action or arbitration proceeding commenced on or after the |
|
|
effective date of this Act. An action or arbitration proceeding |
|
|
commenced before the effective date of this Act is governed by the |
|
|
law in effect immediately before the effective date of this Act, and |
|
|
that law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |