Bill Caption

Relating to affidavits concerning cost and necessity of services.

Fiscal Notes

The Legislative Budget Board does not anticipate any significant fiscal impact to the state.

Bill Analysis

HB 1693 would amend the civil practices and remedies code to stipulate that 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" does not constitute evidence of or support a finding of the causation element of the cause of action that is the basis for the civil action.

The bill would require a party serving the affidavit to serve it at least 90 days before the start date of the trial, instead of the existing 30 day rule. The party serving the affidavit would also be required to file notice with the clerk of the court that the affidavit was served. The party offering the affidavit must serve a copy of the affidavit on each other party to the case by 90 days after the date the defendant files an answer. Furthermore, the bill defines the date in which the offering party must designate any expert witness and the date the offering party must designate any expert witness.

Vote Recommendation Notes

Texas Action is neutral on HB 1693 as it appears to neither advance nor hinder any of our liberty principles.