2005 Texas Civil Practice & Remedies Code CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 150. LICENSED OR REGISTERED PROFESSIONALS


	§ 150.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Licensed or registered professional" means a 
licensed architect, registered professional land surveyor, 
licensed professional engineer, or any firm in which such licensed 
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.

Added by Acts 2003, 78th Leg., ch. 204, § 20.01, eff. Sept. 1, 
2003.  Amended by Acts 2005, 79th Leg., ch. 189, § 1, eff. May 27, 
2005;  Acts 2005, 79th Leg., ch. 208, § 2, eff. Sept. 1, 2005.


	§ 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, registered professional land 
surveyor, or licensed professional engineer competent to testify, 
holding the same professional license as, and practicing in the 
same area of practice as the defendant, which affidavit shall set 
forth specifically at least one negligent act, error, or omission 
claimed to exist and the factual basis for each such claim.  The 
third-party professional engineer, registered professional land 
surveyor, or licensed architect shall be licensed in this state and 
actively engaged in the practice of architecture, surveying, or 
engineering.
	(b)  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, registered professional land 
surveyor, or professional engineer 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.
	(c)  The defendant shall not be required to file an answer to 
the complaint and affidavit until 30 days after the filing of such 
affidavit.
	(d)  The plaintiff's failure to file the affidavit in 
accordance with Subsection (a) or (b) shall result in dismissal of 
the complaint against the defendant.  This dismissal may be with 
prejudice.
	(e)  An order granting or denying a motion for dismissal is 
immediately appealable as an interlocutory order.
	(f)  This statute shall not be construed to extend any 
applicable period of limitation or repose.
	(g)  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, § 20.01, eff. Sept. 1, 
2003.  Amended by Acts 2005, 79th Leg., ch. 189, § 2, eff. May 27, 
2005;  Acts 2005, 79th Leg., ch. 208, § 2, eff. Sept. 1, 2005.