Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch. 189, Sec. 2

     (a) In any action for damages alleging professional negligence by a licensed or registered professional, the plaintiff shall be required to file with the complaint an affidavit of a third-party registered architect, registered professional land surveyor, or licensed professional engineer competent to testify 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 registered 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 registered 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) may result in dismissal with prejudice of the complaint against the defendant.

     (e) This statute shall not be construed to extend any applicable period of limitation or repose.

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.