State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-6-miscellaneous-provisions > Chapter-150-licensed-or-registered-professionals

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS

Sec. 150.001. DEFINITIONS. In this chapter:

(1) "Licensed or registered professional" means a licensed

architect, licensed professional engineer, registered

professional land surveyor, registered landscape architect, or

any firm in which such licensed or registered professional

practices, including but not limited to a corporation,

professional corporation, limited liability corporation,

partnership, limited liability partnership, sole proprietorship,

joint venture, or any other business entity.

(2) "Practice of architecture" has the meaning assigned by

Section 1051.001, Occupations Code.

(3) "Practice of engineering" has the meaning assigned by

Section 1001.003, Occupations Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

189, Sec. 1, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

208, Sec. 2, eff. September 1, 2005.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

789, Sec. 2, eff. September 1, 2009.

Sec. 150.002. CERTIFICATE OF MERIT. (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 professional 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.

(c) The contemporaneous filing requirement of Subsection (a)

shall not apply to any case in which the period of limitation

will expire within 10 days of the date of filing and, because of

such time constraints, the plaintiff has alleged that an

affidavit of a third-party licensed architect, licensed

professional engineer, registered landscape architect, or

registered professional land surveyor could not be prepared. In

such cases, the plaintiff shall have 30 days after the filing of

the complaint to supplement the pleadings with the affidavit.

The trial court may, on motion, after hearing and for good cause,

extend such time as it shall determine justice requires.

(d) The defendant shall not be required to file an answer to the

complaint and affidavit until 30 days after the filing of such

affidavit.

(e) The plaintiff's failure to file the affidavit in accordance

with this section shall result in dismissal of the complaint

against the defendant. This dismissal may be with prejudice.

(f) An order granting or denying a motion for dismissal is

immediately appealable as an interlocutory order.

(g) This statute shall not be construed to extend any applicable

period of limitation or repose.

(h) This statute does not apply to any suit or action for the

payment of fees arising out of the provision of professional

services.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

189, Sec. 2, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

208, Sec. 2, eff. September 1, 2005.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

789, Sec. 2, eff. September 1, 2009.

Sec. 150.003. LIABILITY FOR SERVICES RENDERED DURING DISASTER.

(a) This section applies only to a licensed or registered

professional who provides architectural or engineering services

if the services:

(1) are authorized, as appropriate for the professional, in:

(A) Chapter 1001, Occupations Code;

(B) Chapter 1051, Occupations Code;

(C) 22 T.A.C. Part 6 (Texas Board of Professional Engineers),

Chapter 137 (Compliance and Professionalism); and

(D) 22 T.A.C. Part 1 (Texas Board of Architectural Examiners),

Chapter 1 (Architects), Subchapter H (Professional Conduct);

(2) subject to Subsection (d), are provided voluntarily and

without compensation or the expectation of compensation;

(3) are in response to and provided during the duration of a

proclaimed state of emergency under Section 433.001, Government

Code, or a declared state of disaster under Section 418.014,

Government Code;

(4) are provided at the request or with the approval of a

federal, state, or local public official acting in an official

capacity in response to the proclaimed state of emergency or

declared disaster, including a law enforcement official, public

safety official, or building inspection official; and

(5) are related to a structure, building, roadway, piping, or

other system, either publicly or privately owned.

(b) A licensed or registered professional who provides the

services to which this section applies is not liable for civil

damages, including personal injury, wrongful death, property

damage, or other loss related to the professional's act, error,

or omission in the performance of the services, unless the act,

error, or omission constitutes:

(1) gross negligence; or

(2) wanton, wilful, or intentional misconduct.

(c) This section does not apply to a licensed or registered

professional who is at the scene of the emergency to solicit

business or perform a service for compensation on behalf of the

professional or a person for whom the professional is an agent.

(d) The entitlement of a licensed or registered professional to

receive compensation for services to which this section applies

does not determine whether the services provided by the

professional were provided voluntarily and without compensation

or the expectation of compensation.

Added by Acts 2007, 80th Leg., R.S., Ch.

132, Sec. 1, eff. May 18, 2007.

State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-6-miscellaneous-provisions > Chapter-150-licensed-or-registered-professionals

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS

Sec. 150.001. DEFINITIONS. In this chapter:

(1) "Licensed or registered professional" means a licensed

architect, licensed professional engineer, registered

professional land surveyor, registered landscape architect, or

any firm in which such licensed or registered professional

practices, including but not limited to a corporation,

professional corporation, limited liability corporation,

partnership, limited liability partnership, sole proprietorship,

joint venture, or any other business entity.

(2) "Practice of architecture" has the meaning assigned by

Section 1051.001, Occupations Code.

(3) "Practice of engineering" has the meaning assigned by

Section 1001.003, Occupations Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

189, Sec. 1, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

208, Sec. 2, eff. September 1, 2005.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

789, Sec. 2, eff. September 1, 2009.

Sec. 150.002. CERTIFICATE OF MERIT. (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 professional 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.

(c) The contemporaneous filing requirement of Subsection (a)

shall not apply to any case in which the period of limitation

will expire within 10 days of the date of filing and, because of

such time constraints, the plaintiff has alleged that an

affidavit of a third-party licensed architect, licensed

professional engineer, registered landscape architect, or

registered professional land surveyor could not be prepared. In

such cases, the plaintiff shall have 30 days after the filing of

the complaint to supplement the pleadings with the affidavit.

The trial court may, on motion, after hearing and for good cause,

extend such time as it shall determine justice requires.

(d) The defendant shall not be required to file an answer to the

complaint and affidavit until 30 days after the filing of such

affidavit.

(e) The plaintiff's failure to file the affidavit in accordance

with this section shall result in dismissal of the complaint

against the defendant. This dismissal may be with prejudice.

(f) An order granting or denying a motion for dismissal is

immediately appealable as an interlocutory order.

(g) This statute shall not be construed to extend any applicable

period of limitation or repose.

(h) This statute does not apply to any suit or action for the

payment of fees arising out of the provision of professional

services.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

189, Sec. 2, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

208, Sec. 2, eff. September 1, 2005.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

789, Sec. 2, eff. September 1, 2009.

Sec. 150.003. LIABILITY FOR SERVICES RENDERED DURING DISASTER.

(a) This section applies only to a licensed or registered

professional who provides architectural or engineering services

if the services:

(1) are authorized, as appropriate for the professional, in:

(A) Chapter 1001, Occupations Code;

(B) Chapter 1051, Occupations Code;

(C) 22 T.A.C. Part 6 (Texas Board of Professional Engineers),

Chapter 137 (Compliance and Professionalism); and

(D) 22 T.A.C. Part 1 (Texas Board of Architectural Examiners),

Chapter 1 (Architects), Subchapter H (Professional Conduct);

(2) subject to Subsection (d), are provided voluntarily and

without compensation or the expectation of compensation;

(3) are in response to and provided during the duration of a

proclaimed state of emergency under Section 433.001, Government

Code, or a declared state of disaster under Section 418.014,

Government Code;

(4) are provided at the request or with the approval of a

federal, state, or local public official acting in an official

capacity in response to the proclaimed state of emergency or

declared disaster, including a law enforcement official, public

safety official, or building inspection official; and

(5) are related to a structure, building, roadway, piping, or

other system, either publicly or privately owned.

(b) A licensed or registered professional who provides the

services to which this section applies is not liable for civil

damages, including personal injury, wrongful death, property

damage, or other loss related to the professional's act, error,

or omission in the performance of the services, unless the act,

error, or omission constitutes:

(1) gross negligence; or

(2) wanton, wilful, or intentional misconduct.

(c) This section does not apply to a licensed or registered

professional who is at the scene of the emergency to solicit

business or perform a service for compensation on behalf of the

professional or a person for whom the professional is an agent.

(d) The entitlement of a licensed or registered professional to

receive compensation for services to which this section applies

does not determine whether the services provided by the

professional were provided voluntarily and without compensation

or the expectation of compensation.

Added by Acts 2007, 80th Leg., R.S., Ch.

132, Sec. 1, eff. May 18, 2007.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-6-miscellaneous-provisions > Chapter-150-licensed-or-registered-professionals

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS

Sec. 150.001. DEFINITIONS. In this chapter:

(1) "Licensed or registered professional" means a licensed

architect, licensed professional engineer, registered

professional land surveyor, registered landscape architect, or

any firm in which such licensed or registered professional

practices, including but not limited to a corporation,

professional corporation, limited liability corporation,

partnership, limited liability partnership, sole proprietorship,

joint venture, or any other business entity.

(2) "Practice of architecture" has the meaning assigned by

Section 1051.001, Occupations Code.

(3) "Practice of engineering" has the meaning assigned by

Section 1001.003, Occupations Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

189, Sec. 1, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

208, Sec. 2, eff. September 1, 2005.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

789, Sec. 2, eff. September 1, 2009.

Sec. 150.002. CERTIFICATE OF MERIT. (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 professional 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.

(c) The contemporaneous filing requirement of Subsection (a)

shall not apply to any case in which the period of limitation

will expire within 10 days of the date of filing and, because of

such time constraints, the plaintiff has alleged that an

affidavit of a third-party licensed architect, licensed

professional engineer, registered landscape architect, or

registered professional land surveyor could not be prepared. In

such cases, the plaintiff shall have 30 days after the filing of

the complaint to supplement the pleadings with the affidavit.

The trial court may, on motion, after hearing and for good cause,

extend such time as it shall determine justice requires.

(d) The defendant shall not be required to file an answer to the

complaint and affidavit until 30 days after the filing of such

affidavit.

(e) The plaintiff's failure to file the affidavit in accordance

with this section shall result in dismissal of the complaint

against the defendant. This dismissal may be with prejudice.

(f) An order granting or denying a motion for dismissal is

immediately appealable as an interlocutory order.

(g) This statute shall not be construed to extend any applicable

period of limitation or repose.

(h) This statute does not apply to any suit or action for the

payment of fees arising out of the provision of professional

services.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 20.01, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

189, Sec. 2, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

208, Sec. 2, eff. September 1, 2005.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

789, Sec. 2, eff. September 1, 2009.

Sec. 150.003. LIABILITY FOR SERVICES RENDERED DURING DISASTER.

(a) This section applies only to a licensed or registered

professional who provides architectural or engineering services

if the services:

(1) are authorized, as appropriate for the professional, in:

(A) Chapter 1001, Occupations Code;

(B) Chapter 1051, Occupations Code;

(C) 22 T.A.C. Part 6 (Texas Board of Professional Engineers),

Chapter 137 (Compliance and Professionalism); and

(D) 22 T.A.C. Part 1 (Texas Board of Architectural Examiners),

Chapter 1 (Architects), Subchapter H (Professional Conduct);

(2) subject to Subsection (d), are provided voluntarily and

without compensation or the expectation of compensation;

(3) are in response to and provided during the duration of a

proclaimed state of emergency under Section 433.001, Government

Code, or a declared state of disaster under Section 418.014,

Government Code;

(4) are provided at the request or with the approval of a

federal, state, or local public official acting in an official

capacity in response to the proclaimed state of emergency or

declared disaster, including a law enforcement official, public

safety official, or building inspection official; and

(5) are related to a structure, building, roadway, piping, or

other system, either publicly or privately owned.

(b) A licensed or registered professional who provides the

services to which this section applies is not liable for civil

damages, including personal injury, wrongful death, property

damage, or other loss related to the professional's act, error,

or omission in the performance of the services, unless the act,

error, or omission constitutes:

(1) gross negligence; or

(2) wanton, wilful, or intentional misconduct.

(c) This section does not apply to a licensed or registered

professional who is at the scene of the emergency to solicit

business or perform a service for compensation on behalf of the

professional or a person for whom the professional is an agent.

(d) The entitlement of a licensed or registered professional to

receive compensation for services to which this section applies

does not determine whether the services provided by the

professional were provided voluntarily and without compensation

or the expectation of compensation.

Added by Acts 2007, 80th Leg., R.S., Ch.

132, Sec. 1, eff. May 18, 2007.


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