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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), (c), (d), (e), and (f) |
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and adding Subsections (d-1), (g), (h), and (i) 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 is sufficient evidence |
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to support a finding of fact by judge or jury that the amount |
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charged was reasonable or that the service was necessary. The |
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affidavit is not evidence of and does not support a finding of the |
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causation element of the cause of action that is the basis for the |
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civil action. |
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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 for the |
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provider showing the service provided and charge made; and |
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(3) include an itemized statement of the service and |
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charge. |
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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) 90 [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 a scheduling order [of the 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) 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) 60 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 controverting party must designate |
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expert witnesses under a scheduling order [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 give reasonable notice of the |
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basis on which the party serving it intends at trial to controvert |
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the claim reflected by the initial affidavit and must be taken |
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before a person authorized to administer oaths. The |
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counteraffidavit must be made by a person who is qualified, by |
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knowledge, skill, experience, training, education, or other |
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expertise, to testify in contravention of all or part of any of the |
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matters contained in the initial affidavit. The counteraffidavit |
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may not be used to controvert the causation element of the cause of |
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action that is the basis for the civil action. |
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(g) Not later than the last date for serving a copy of the |
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counteraffidavit under Subsection (e), the party offering the |
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counteraffidavit in evidence or the party's attorney must file |
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written notice with the clerk of the court that the party or |
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attorney served a copy of the counteraffidavit in accordance with |
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this section. |
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(h) If continuing services are provided after a relevant |
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deadline under this section: |
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(1) a party may supplement an affidavit served by the |
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party under Subsection (b) on or before the 30th day before the date |
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trial commences; and |
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(2) a party that served a counteraffidavit under |
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Subsection (e) may supplement the counteraffidavit on or before the |
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14th day before the date trial commences. |
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(i) Notwithstanding Subsections (d), (d-1), (e), (g), and |
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(h), a deadline under this section may be altered by all parties to |
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an action by agreement or with leave of the court. |
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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, 2019. |