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.