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