Bill Text: TX SB1465 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to affidavits concerning cost and necessity of services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1465 Detail]
Download: Texas-2019-SB1465-Introduced.html
86R9085 SCL-F | ||
By: Hughes | S.B. No. 1465 |
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relating to affidavits concerning cost and necessity of services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 18.001, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (b), (c), (d), (e), and (f) | ||
and adding Subsections (d-1), (g), (h), and (i) to read as follows: | ||
(b) Unless a controverting affidavit is served as provided | ||
by this section, an affidavit that the amount a person charged for a | ||
service was reasonable at the time and place that the service was | ||
provided and that the service was necessary is sufficient evidence | ||
to support a finding of fact by judge or jury that the amount | ||
charged was reasonable or that the service was necessary. The | ||
affidavit is not evidence of and does not support a finding of the | ||
causation element of the cause of action that is the basis for the | ||
civil action. | ||
(c) The affidavit must: | ||
(1) be taken before an officer with authority to | ||
administer oaths; | ||
(2) be made by: | ||
(A) the person who provided the service; or | ||
(B) the person in charge of records for the | ||
provider showing the service provided and charge made; and | ||
(3) include an itemized statement of the service and | ||
charge. | ||
(d) The party offering the affidavit in evidence or the | ||
party's attorney must serve a copy of the affidavit on each other | ||
party to the case not later than the earlier of: | ||
(1) 90 [ |
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(2) the date the offering party must designate any | ||
expert witnesses under a scheduling order [ |
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(d-1) The party offering the affidavit in evidence or the | ||
party's attorney must file notice with the clerk of the court, not | ||
later than the latest date for serving a copy of the affidavit under | ||
Subsection (d), that the party or the attorney served a copy of the | ||
affidavit in accordance with this section. Except as provided by | ||
the Texas Rules of Evidence, [ |
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affidavit is [ |
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court before the trial commences. | ||
(e) A party intending to controvert a claim reflected by the | ||
affidavit must serve a copy of the counteraffidavit on each other | ||
party or the party's attorney of record by the earlier of: | ||
(1) 60 days before the date the trial commences [ |
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(2) the date the controverting party must designate | ||
expert witnesses under a scheduling order [ |
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(f) The counteraffidavit must give reasonable notice of the | ||
basis on which the party serving it intends at trial to controvert | ||
the claim reflected by the initial affidavit and must be taken | ||
before a person authorized to administer oaths. The | ||
counteraffidavit must be made by a person who is qualified, by | ||
knowledge, skill, experience, training, education, or other | ||
expertise, to testify in contravention of all or part of any of the | ||
matters contained in the initial affidavit. The counteraffidavit | ||
may not be used to controvert the causation element of the cause of | ||
action that is the basis for the civil action. | ||
(g) Not later than the last date for serving a copy of the | ||
counteraffidavit under Subsection (e), the party offering the | ||
counteraffidavit in evidence or the party's attorney must file | ||
written notice with the clerk of the court that the party or | ||
attorney served a copy of the counteraffidavit in accordance with | ||
this section. | ||
(h) If continuing services are provided after a relevant | ||
deadline under this section: | ||
(1) a party may supplement an affidavit served by the | ||
party under Subsection (b) on or before the 30th day before the date | ||
trial commences; and | ||
(2) a party that served a counteraffidavit under | ||
Subsection (e) may supplement the counteraffidavit on or before the | ||
14th day before the date trial commences. | ||
(i) Notwithstanding Subsections (d), (d-1), (e), (g), and | ||
(h), a deadline under this section may be altered by all parties to | ||
an action by agreement or with leave of the court. | ||
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 applicable to the action 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, 2019. |