HBA-DMH H.B. 3011 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3011
By: Smithee
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

In 1995, the Texas Legislature passed legislation regarding medical
liability lawsuits which required a cost bond or expert report to be filed
withing 90 days of the filing of the lawsuit.  If a bond is filed in lieu
of a expert report, an expert report must be filed with 180 days of the
filing of a lawsuit. The legislation also gave a judge the authority to
extend the time for filing.  This legislation has resulted in inconsistent
enforcement of cost bond and expert report requirements across the state.
House Bill 3011 modifies the requirements for filing a cost bond and
utilizing a furnished expert report. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3011 amends the Medical Liability and Insurance Improvement Act
of Texas to provide that any motion filed against a physician or health
care provider in a health care liability claim seeking an extension of time
must be filed with the court and served on the opposing party prior to the
expiration of the established time period.  The bill prohibits anything in
provisions regarding cost bonds, deposits, and expert reports from being
construed to require the furnishing, rather than filing, of an expert
report regarding any issue other than an issue relating to liability or
causation.  If the party producing an expert report utilizes that report
for any purpose other than for compliance with requirements, the bill
requires the restrictions on the use of the report to be deemed waived.
The bill removes provisions relating to a court-required grace period for
failure to comply with a deadline, under certain circumstances. 

EFFECTIVE DATE

September 1, 2001.