On April 16, 2025, Senator Schwertner moved to suspend the Texas Senate’s regular order of business to take up and consider Committee Substituted Senate Bill 30 (“CSSB 30”). This motion prevailed by a vote of 20 Yeas and 11 Nays. During this session, 5 different Senators proposed 6 total amendments to CCSB 30. Senator Schwertner’s 2 amendments were the only 2 adopted of the 6.[1] A summary of Senator Schwertner’s 2 amendments are as follows.
- First, this Amendment revises CSSB 30’s definition for “mental or emotional pain or anguish.” CCSB 30 defined “mental or emotional pain or anguish” as “grievous and debilitating angst, distress, torment, or emotional suffering or turmoil that causes a substantial disruption in a person’s daily routine.” This Amendment replaces the evidentiary requirement of showing “a substantial disruption in a person’s daily routine,” though in accordance with Texas Supreme Court precedent, with “a substantial disruption in a person’s life.”
- Second, this Amendment provides for a differing evidentiary standard for “physical pain and suffering” in cases of sexual assault or abuse.
- Third, this Amendment adds licensed professional counselors and psychologists to the inclusive list of who constitutes a provider under this subchapter.
- Fourth, this Amendment adds a provision that establishes that the Texas Rules of Evidence shall continue to govern questions of admissibility in any action under this subchapter, except for evidence that is rendered admissible as a matter of law under Section 41.107, namely:
- All statements or invoices from health care providers for services related to the injury in the lawsuit.
- Any letter of protection connected to the lawsuit.
- Any written agreement for refunds, rebates, or payments to anyone involved in the claim (e.g., payor, injured person, attorney, etc.).
- If the injured individual was referred to a health care provider for services by the injured individual’s attorney and the provider will provide testimony that is presented to the trier of fact in the action, then (1) an anonymized list of persons referred by the attorney to the provider in the preceding two years; (2) the date and amount of each payment made to the provider in the preceding two years by or at the direction of the attorney; (3) if applicable, each person anonymously described under Subparagraph (1) on whose behalf a payment described by Subparagraph (2) was made; and (4) other aspects of any financial relationship between the attorney and the provider.
- Treatment guidelines and drug formularies approved by the Workers’ Compensation Division of the Texas Department of Insurance as evidence relating to the necessity of health care services provided to the injured individual.
Floor Amendment No. 2: This Amendment allows for the amount of health care costs to be adjudicated based upon the May 1, 2025 Medicare fee schedule as adjusted by the CPI between May 1, 2025 and the date on which the service was provided to the induvial or the date the trial commences, depending on which section of the bill is appropriate. This Amendment seeks to allow the limit on evidence for medical expenses that exceed 300% of the Medicare fee schedule to account for inflation in the context of future medical expenses.
After accepting Senator Schwertner’s amendments, the Senate took a vote and passed Amended CSSB 30 by the following vote: Yeas 20 and Nays 11.
[1] Senator Johnson, Senator West, Senator Gutierrez, and Senator Eckhardt each proposed amendments to CSSB 30 on April 16. In general, these amendments sought to challenge: the disclosure and admissibility requirements for medical referrals by legal practitioners arguing that the prejudicial value of the same would outweigh any probative value; the constitutionality of limiting non-economic damages; and limiting the categories of non-economic damages on a jury verdict. The Senate denied each amendment in a vote of 20 Nays and 11 Yeas.