Bill Text: TX HB3162 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to a certificate of merit in certain actions against certain licensed or registered professionals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB3162 Detail]
Download: Texas-2021-HB3162-Comm_Sub.html
By: Martinez (Senate Sponsor - Lucio) | H.B. No. 3162 | |
(In the Senate - Received from the House May 14, 2021; | ||
May 18, 2021, read first time and referred to Committee on State | ||
Affairs; May 21, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 21, 2021, sent to printer.) | ||
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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-builder or | ||
design-build firm 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, 2021. | ||
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