By: Schofield H.B. No. 2422       A BILL TO BE ENTITLED   AN ACT   Relating to the requirements for a certificate of merit in certain   actions or arbitration proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 150.002, Civil Practice & Remedies Code,   is amended to read as follows:          (a)  In any action or arbitration proceeding for damages   arising out of the provision of professional services by a licensed   or registered professional, the plaintiff shall be required to file   with the complaint an affidavit of a third-party licensed   architect, licensed professional engineer, registered landscape   architect, or registered land surveyor who:                (1)  Is competent to testify;                (2)  Holds the same professional license or   registration as the defendant; and                (3)  Is knowledgeable 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.          (b)  The affidavit shall set forth specifically for each   theory of recovery for which damages are sought, the negligence, if   any, or other action, error, or omission of the licensed or   registered professional in providing the professional service,   including any error, or omission in providing advice, judgment,   opinion, or a similar professional skill claimed to exist and the   factual basis for each such claim. The third-party licensed   architect, licensed professional engineer, registered landscape   architect, or registered professional land surveyor shall be   licensed or registered in this state and actively engaged in the   practice of architecture, engineering, or surveying.          (b-1)  The affidavit shall set forth specifically facts   sufficient to establish the affiant's familiarity or experience   with the practice area at issue such that they establish the   affiant's qualifications to render an opinion on the matters in the   affidavit pertaining to subsection (b). The affiant shall attach to   the affidavit as an exhibit the affiant's curriculum vitae or   similar document sufficient to establish that the affiant meets the   requirements of subsection (a).          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 in effect immediately before the effective date   of this Act, and that law is continued in effect for that purpose.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.