Bill Text: TX HB2007 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a certificate of merit in certain actions against certain licensed or registered professionals.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB2007 Detail]
Download: Texas-2023-HB2007-Enrolled.html
| H.B. No. 2007 | ||
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| 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 150.002, Civil Practice and Remedies | ||
| Code, is amended by amending Subsection (a) and adding Subsection | ||
| (i) to read as follows: | ||
| (a) Except as provided by Subsection (i), in [ |
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| or arbitration proceeding for damages arising out of the provision | ||
| of professional services by a licensed or registered professional, | ||
| a claimant 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 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. | ||
| (i) A third-party plaintiff that is a design-build firm or a | ||
| design-build team, or an architect, engineer, or other member of a | ||
| design-build firm or design-build team, is not required to file an | ||
| affidavit described by Subsection (a) in connection with filing a | ||
| third-party claim or cross-claim against a licensed or registered | ||
| professional if the action or arbitration proceeding arises out of | ||
| a design-build project in which a governmental entity contracts | ||
| with a single entity to provide both design and construction | ||
| services for the construction, expansion, extension, | ||
| rehabilitation, alteration, or repair of a facility, a building or | ||
| associated structure, a civil works project, or a highway project. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an action commenced on or after the effective date of this Act. | ||
| An action commenced before the effective date of this Act is | ||
| governed by the law as it existed immediately before the effective | ||
| date of this Act, and that law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2007 was passed by the House on April | ||
| 20, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2007 was passed by the Senate on May | ||
| 17, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
