Law:Title 6. Miscellaneous Provisions from Chapter 150. Licensed Or Registered Professionals (Texas)

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Chapter 150. Licensed Or Registered Professionals

Section 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.



Section 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.



Section 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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