BILL ANALYSIS

H.B. 2446

By: Dutton

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that an individual in a personal injury lawsuit in Texas may recover damages for medical expenses, but to do so the individual must offer into evidence a signed affidavit affirming that the expense was reasonable and the medical service was necessary. The bill author has further informed the committee that an expert witness may have to be secured to prove such reasonableness and necessity, and that when the total value of the case is $50,000 or less, these expert witnesses can be so expensive as to mitigate against timely and reasonable settlement of these lawsuits. H.B. 2446 seeks to eliminate the need for expert witnesses and the required affidavit altogether in cases where the value of the medical or health care service is $50,000 or less by establishing that the affidavit is not necessary in such cases to support a finding that the amount charged was reasonable or that the service was necessary.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2446 amends the Civil Practice and Remedies Code to establish that, in a civil action in which a claimant offers into evidence a medical bill or other itemized statement of a medical or health care service and charge totaling $50,000 or less, an affidavit stating that the service was necessary and that the amount charged was reasonable at the time and place the service was provided is not necessary to support a finding of fact by a judge or jury that the amount charged was reasonable or that the service was necessary. The bill applies only to an action that commences on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.