HBA-MAJ, KSM H.B. 26 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 26 By: Goolsby Civil Practices 4/25/1999 Introduced BACKGROUND AND PURPOSE Currently, the statute of limitations for civil cases involving personal injury or wrongful death claims is two years, which is sometimes inadequate to preserve evidence, witness statements, and accurate depositions. H.B. 26 requires individuals seeking a claim for personal injury or wrongful death to provide a notice of intent to litigate within six months after the occurrence of the incident. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 16, Civil Practice and Remedies Code, by adding Subchapter E, as follows: SUBCHAPTER E. NOTICE OF CLAIM FOR CERTAIN CLAIMS Sec. 16.101. DEFINITIONS. Defines "claimant" and "defendant." Sec. 16.102. APPLICABILITY. Makes this subchapter applicable only to claims for damages for personal injury or wrongful death. Sec. 16.103. EXEMPTIONS. Exempts from this subchapter a claim that is subject to the Medical Liability and Insurance Improvement Act of Texas (Art. 4590i, V.T.C.S.). Provides that this subchapter is not applicable if, on or before the 180th day after the date the incident giving rise to the claim occurred, the claimant files suit or the defendant receives actual notice that death has occurred or that a claimant has received some injury. Sec. 16.104. DISMISSAL OF CLAIM. Requires the court to dismiss a claim on the motion of the defendant who alleges that the required notice was not received within the prescribed time period, if the claimant does not show that timely notice was received by the defendant, that an exemption under Section 16.103 applies, that after reasonable diligence during the prescribed time frame the claimant could not discover the defendant's identity or location, or that the claimant unsuccessfully attempted to deliver notice under Section 16.106 with reasonable diligence. Sec. 16.105. CONTENTS OF NOTICE OF CLAIM. Requires the notice of claim to reasonably describe the injury or death claimed, the time and place of the incident, and the incident. Sec. 16.106. METHOD OF DELIVERING NOTICE OF CLAIM. Authorizes the notice of a claim to be delivered to the intended recipient in person or by registered or certified mail, return receipt requested. Sec. 16.107. TIME FOR SENDING NOTICE OF CLAIM. Requires the claimant to provide notice of a claim within certain time frames, depending on whether the claimant retains an attorney within a certain time frame, has a legal disability, or knows, or should know, of the facts giving rise to the claim. Sec. 16.108. CONFLICT. Prohibits the supreme court from amending or adopting rules in conflict with this subchapter, notwithstanding Section 22.004, Government Code, (regarding the rulemaking power of the supreme court and publication of the rules and practice and procedure in civil actions). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999.