85R10676 SCL-D     By: Schofield H.B. No. 2301       A BILL TO BE ENTITLED   AN ACT   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), (d), (e), and (f) and   adding Subsection (d-1) 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 may be admitted as [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 does not create a presumption that the   amount charged was reasonable or that the service was necessary.          (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)  60 [at least 30] days before the date [day on which   evidence is first presented at] the trial commences; or                (2)  the date the offering party must designate any   expert witnesses under the Texas Rules of Civil Procedure [of the   case].          (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, [the records attached to] the   affidavit is [are] not required to be filed with the clerk of the   court before the trial commences.          (e)  Regardless of the date the party offering the affidavit   in evidence serves a copy of the affidavit under Subsection (d), a   [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)  30 days before the date the trial commences [not   later than:                      [(A)     30 days after the day the party receives a   copy of the affidavit; and                      [(B)     at least 14 days before the day on which   evidence is first presented at the trial of the case]; or                (2)  the date the party must designate expert witnesses   under the Texas Rules of Civil Procedure [with leave of the court,   at any time before the commencement of evidence at trial].          (f)  The counteraffidavit must:                (1)  give reasonable notice of the basis on which the   party serving it intends at trial to controvert the claim reflected   by the initial affidavit;                (2)  [and must] be taken before a person authorized to   administer oaths; and                (3)  [.  The counteraffidavit must] be made by:                      (A)  the party that seeks to offer the   counteraffidavit or the party's attorney if the initial affidavit   was made by a person described by Subsection (c)(2)(B); or                      (B)  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.          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, 2017.