Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By: Place                                       H.B. No. 3533

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to procedural provisions of health care liability claims.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

 1-4           SECTION 1.  Article 4590i, Sec. 13.01(g) Vernon's Revised

 1-5     Civil Statutes, is amended to read as follows:

 1-6           (g)  Notwithstanding Subsection (f) [any other provision] of

 1-7     this section, if a claimant has failed to comply with a deadline

 1-8     established by Subsection (d) of this section and after hearing the

 1-9     court finds that the failure of the claimant or the claimant's

1-10     attorney was not intentional or the result of conscious

1-11     indifference but was the result of an accident or mistake, the

1-12     court shall grant a grace period of 30 days to permit the claimant

1-13     to comply with that deadline [subsection].  A motion by a claimant

1-14     for relief under this subsection shall be considered timely if it

1-15     is filed before any hearing on a motion by a defendant under

1-16     Subsection (e) of this section. Nothing in this subsection shall

1-17     require the showing of good cause by the claimant seeking relief

1-18     under this subsection.

1-19           SECTION 2.  This Act takes effect September 1, 1997.

1-20           SECTION 3.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended.