“Action” action.

In Professional Service Indus., Inc. v. Ibey, the Fifth Court addressed the term “action” in Tex. Civ. Prac. & Rem Code § 150.002, and when the 2023 amendment to that statute becomes effective.

The Court held that “action” refers to the entire lawsuit, not to discrete claims or causes of action asserted within the suit. The Court explained, “the common meaning of the term ‘action’ refers to an entire lawsuit or cause or proceeding, not to discrete ‘claims’ or ’causes of action’ asserted within a suit, cause, or proceeding.” (Accord Coale & Taylor, Judgment Rendition in Texas, 75 Baylor L. Rev. 355, 360-61 (2023)).

As a result, the Court concluded that the 2023 amendment to section 150.002—which exempts certain cross-claims from a certificate of merit requirement—applies only to actions commenced on or after the amendment’s effective date. It emphasized that the Legislature could have chosen different language if it intended the amendment to apply to claims or pleadings filed after the effective date, but instead specified that it applies only to actions commenced on or after that date. Nos. 05-24-00541-CV & 05-24-00599-CV (Jun. 23, 2025)