89th Legislature Regular Session

SB 30

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 30 proposes significant revisions to Section 18.001 of the Texas Civil Practice and Remedies Code, which governs how parties in civil lawsuits introduce evidence regarding the cost and necessity of medical services. Traditionally, Texas law has allowed plaintiffs to submit affidavits from healthcare providers to support claims for damages, with the opposing party able to challenge them by filing a counter-affidavit. SB 30 replaces this counter-affidavit process with a “notice of intent to controvert,” thereby eliminating certain procedural barriers for defendants while clarifying the evidentiary weight of such affidavits.

The bill explicitly states that affidavits submitted under Section 18.001 can only establish the reasonableness and necessity of charges—not causation of the injury. Furthermore, SB 30 introduces Section 18.0011, a new provision that restricts a party’s ability to controvert charges when the healthcare provider's affidavit lists as reasonable either the amount received from all sources or a market-based rate not exceeding a certain threshold at the time of service. This provision would significantly reduce litigation disputes over billing but may limit the ability of opposing parties to challenge potentially inflated charges in court.

The bill also revises timing rules for filing notices to controvert and provides new deadlines for supplemental affidavits and responses when ongoing medical care is involved. Overall, SB 30 aims to streamline personal injury litigation, reduce frivolous challenges to medical expenses, and provide clearer guidance on how medical billing evidence is handled in Texas courts. However, the proposal also narrows the scope of what medical affidavits can prove and restricts opportunities to contest certain charges, which could have implications for fairness and access to justice in civil trials.

The Committee Substitute for SB 30 retains the general purpose of the originally filed version—to reform how healthcare costs and services are presented and contested in Texas civil litigation—but it introduces several structural, procedural, and definitional clarifications that reflect feedback and refinement through the legislative process.

One of the main differences is the organization and clarity of new provisions. While the originally filed bill includes extensive changes not only to Section 18.001 of the Civil Practice and Remedies Code but also to Chapter 41 (addressing noneconomic and exemplary damages), the Committee Substitute scales back focus primarily to Section 18.001 and adds a new Section 18.0011. The substitute does not appear to include the extensive amendments and reorganizations of Chapter 41 and the definitions related to damages that were present in the original bill. This suggests that the Committee chose to narrow the scope of the bill, possibly in response to stakeholder concerns about overreach into other legal doctrines like noneconomic damages and exemplary damages.

Substantively, both versions eliminate the counter-affidavit requirement and replace it with a "notice of intent to controvert" procedure. However, the Committee Substitute tightens the language to make clear that affidavits submitted under Section 18.001 may no longer serve as evidence of causation and may only be used to prove authenticity if a controverting notice is served. This builds upon but simplifies what was proposed in the original version, which had more complex interplays with discovery limits and evidentiary rules.

Another significant change is how the new Section 18.0011 is framed. The original bill proposed limits based on data from the Texas All-Payor Claims Database and specified exact procedural rights (including discovery limits) related to provider affidavits. The Committee Substitute retains much of the core content but rewords provisions for clarity and judicial flexibility. It also more clearly outlines circumstances under which providers may or may not testify if they submit affidavits and how affidavits may be used only within the specific civil action.

Finally, the originally filed bill also sought to add Subchapters C and D to Chapter 41, introducing sweeping reforms to how noneconomic damages (like pain and suffering) and health care expenses are calculated and capped. These sections are absent from the Committee Substitute, signaling a strategic retreat from broader tort reform provisions and an effort to ensure narrower, more targeted reforms related to affidavit use in health care cost disputes.

In summary, the Committee Substitute for SB 30 represents a more focused and restrained version of the originally filed bill, preserving key reforms around affidavits and health care billing evidence while omitting broader and more controversial changes to civil litigation rules on damages.

Author
Charles Schwertner
Co-Author
Brent Hagenbuch
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of  SB 30 are minimal at both the state and local levels, according to the Legislative Budget Board (LBB). The LBB anticipates that any costs associated with implementing the bill—such as adjustments in court procedures or administrative handling of new affidavit standards—could be absorbed within the current resources of the relevant state agencies, such as the Office of Court Administration​.

Because the bill streamlines the process for challenging the reasonableness and necessity of medical charges in civil litigation (e.g., replacing counter-affidavits with a notice of intent to controvert), it may actually reduce the time and resources required to process some cases. However, these operational efficiencies are not expected to translate into measurable budget savings or new costs for state courts or agencies involved in civil litigation.

Similarly, no significant fiscal impact is expected for local governments. County courts and district courts, which handle most civil litigation involving personal injury and healthcare claims, may experience procedural shifts but will not incur new obligations or funding needs that would materially affect local budgets.

Overall, SB 30 is viewed as having a negligible financial footprint, enabling reforms to civil procedure without requiring new appropriations or creating unfunded mandates.

Vote Recommendation Notes

SB 30 seeks to address longstanding concerns in Texas civil litigation related to inflated medical billing and subjective, speculative awards of noneconomic damages. By replacing the current counter-affidavit requirement with a notice-based system and tightening the standards for what constitutes admissible evidence of medical charges and pain and suffering, the bill enhances transparency and procedural fairness. It aligns with important goals of personal responsibility and judicial efficiency by discouraging the manipulation of damage figures and by providing clearer statutory guidance to juries and courts.

However, while the bill pursues legitimate reform objectives, it also raises concerns about access to justice for injured individuals—particularly those who are uninsured or low-income. The strict evidentiary thresholds, including new disclosure requirements and affidavit limitations, could inadvertently prevent some plaintiffs from presenting valid claims. Additionally, the bill imposes rigid constraints on how noneconomic damages are introduced and awarded, potentially limiting a jury’s ability to respond to the unique human impact of an injury or death.

Suggested Amendments:

  • Preserve Judicial Discretion in Affidavit Challenges: Prevents bad actors from being shielded by rigid procedural protections while preserving fairness for both parties.
  • Protect Access to Justice for Uninsured and Low-Income Plaintiffs: Ensures that low-income plaintiffs who lack traditional insurance are not unfairly penalized.
  • Modify Disclosure Requirements to Limit Attorney-Client Burden: Balances transparency with the protection of privileged or burdensome disclosures that may chill legal access.
  • Restore Flexibility in Proving Causation: Prevents over-restriction of how causation may be shown in valid cases.
  • Refine Noneconomic Damages Guidance Without Arbitrary Caps: Maintains the intent to prevent excessive verdicts while allowing case-by-case assessment based on real harm.
  • Clarify Applicability and Transition Provisions: Avoids retroactive harm and protects due process in ongoing litigation.

Given its merits and its alignment with liberty principles like limited government, personal responsibility, and fairness in the civil system, Texas Policy Research recommends that lawmakers vote YES on SB 30 but also strongly suggests that targeted amendments, as mentioned above, are essential to preserve individual liberty and ensure equal access to civil remedies.

  • Individual Liberty: The bill enhances fairness by curbing exaggerated claims and requiring more objective proof in civil trials, which supports due process for all litigants. However, the bill may restrict access to justice for plaintiffs—particularly the uninsured or low-income—who rely on alternative payment methods such as letters of protection. Strict documentation and billing requirements may prevent valid claims from being heard, potentially limiting the liberty of injured individuals to seek full redress for harm. Amendments are needed to protect this principle more fully.
  • Personal Responsibility: The bill reinforces personal responsibility by requiring all parties—especially plaintiffs and their healthcare providers—to maintain accurate, substantiated, and timely records of treatment and charges. Defendants must also respond promptly if they intend to contest medical bills. This promotes accountability and discourages misuse of the legal process for inflated recoveries.
  • Free Enterprise: By deterring inflated medical billing and curbing litigation abuse, the bill improves the predictability and efficiency of the civil justice system, which benefits insurers, healthcare providers, and businesses. Reducing excessive or arbitrary damage awards helps stabilize liability insurance markets and supports a more competitive business environment, free from the economic distortions of runaway verdicts.
  • Private Property Rights: Although the bill does not directly alter property law, it upholds procedural protections for defendants’ financial resources. By tightening standards for awarding damages, it helps ensure that judgments against individuals or businesses are based on verified harm and not inflated or speculative claims. This protection against excessive liability aligns with the principle of safeguarding one’s property from unjust deprivation.
  • Limited Government: The bill advances limited government by reducing reliance on subjective and inconsistent jury outcomes and replacing them with clearer statutory standards. However, some provisions—like rigid caps and disclosure mandates—could veer toward government overreach into private contractual arrangements between patients, attorneys, and providers. Thoughtful amendments could better balance these reforms with deference to the courts and private decision-making.
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