By Goolsby H.B. No. 26 76R277 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring notice of a claim in order to maintain 1-3 personal injury or wrongful death claims. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 16, Civil Practice and Remedies Code, is 1-6 amended by adding Subchapter E to read as follows: 1-7 SUBCHAPTER E. NOTICE OF CLAIM FOR CERTAIN CLAIMS 1-8 Sec. 16.101. DEFINITIONS. In this subchapter: 1-9 (1) "Claimant" means a party seeking recovery of 1-10 damages, including a plaintiff, counterclaimant, cross-claimant, or 1-11 third-party plaintiff seeking recovery of damages. In an action in 1-12 which a party seeks recovery of damages for personal injury to or 1-13 wrongful death of another person, "claimant" includes both that 1-14 other person and the party seeking recovery of damages. 1-15 (2) "Defendant" means a party, including a 1-16 counterdefendant, cross-defendant, or third-party defendant, from 1-17 whom a claimant seeks relief with respect to personal injury or 1-18 wrongful death. 1-19 Sec. 16.102. APPLICABILITY. This subchapter applies only to 1-20 a claim for damages for personal injury or wrongful death. 1-21 Sec. 16.103. EXEMPTIONS. (a) This subchapter does not 1-22 apply to a claim subject to the Medical Liability and Insurance 1-23 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 1-24 Statutes). 2-1 (b) This subchapter does not apply if, not later than the 2-2 180th day after the date the incident giving rise to the claim 2-3 occurred: 2-4 (1) the claimant files suit; or 2-5 (2) the defendant receives actual notice that the 2-6 death has occurred or that a claimant has received some injury. 2-7 Sec. 16.104. DISMISSAL OF CLAIM. On the motion of a 2-8 defendant, the court shall dismiss a claim if: 2-9 (1) the defendant alleges that notice of a claim 2-10 meeting the requirements of Section 16.105 was not received within 2-11 the time frame prescribed by Section 16.107; and 2-12 (2) the claimant does not show that: 2-13 (A) notice of a claim meeting the requirements 2-14 of Section 16.105 was received by the defendant within that time 2-15 frame; 2-16 (B) an exemption under Section 16.103 applies; 2-17 (C) during that time frame, the claimant could 2-18 not, through reasonable diligence, ascertain: 2-19 (i) the defendant's identity; or 2-20 (ii) the location of the defendant's usual 2-21 place of business or abode or another place where the defendant can 2-22 probably be found; or 2-23 (D) the claimant attempted to deliver the notice 2-24 of a claim under Section 16.106 with reasonable diligence and was 2-25 unsuccessful. 2-26 Sec. 16.105. CONTENTS OF NOTICE OF CLAIM. The notice of a 2-27 claim must reasonably describe: 3-1 (1) the injury or death claimed; 3-2 (2) the time and place of the incident; and 3-3 (3) the incident. 3-4 Sec. 16.106. METHOD OF DELIVERING NOTICE OF CLAIM. The 3-5 notice of a claim may be delivered to the intended recipient either 3-6 in person or by registered or certified mail, return receipt 3-7 requested. 3-8 Sec. 16.107. TIME FOR SENDING NOTICE OF CLAIM. The claimant 3-9 shall provide notice of a claim not later than the latest of: 3-10 (1) the 180th day after the date the incident giving 3-11 rise to the claim occurred; 3-12 (2) the 210th day after the date the incident giving 3-13 rise to the claim occurred, if the claimant has retained an 3-14 attorney to represent the claimant in the matter not later than the 3-15 180th day after the date the incident occurred; 3-16 (3) the 180th day after the date of the removal of a 3-17 legal disability described in Section 16.001, if that legal 3-18 disability existed on the date of the incident giving rise to the 3-19 claim; or 3-20 (4) the 180th day after the date the claimant knows 3-21 or, through the exercise of reasonable diligence, should have known 3-22 of the facts giving rise to the claim, if the injury or death was 3-23 inherently undiscoverable and the evidence of the injury or death 3-24 is objectively verifiable. 3-25 Sec. 16.108. CONFLICT. Notwithstanding Section 22.004, 3-26 Government Code, the supreme court may not amend or adopt rules in 3-27 conflict with this subchapter. 4-1 SECTION 2. This Act applies only to a cause of action that 4-2 accrues on or after the effective date of this Act. An action that 4-3 accrued before the effective date of this Act is governed by the 4-4 law in effect at the time the action accrued, and that law is 4-5 continued in effect for that purpose. 4-6 SECTION 3. This Act takes effect September 1, 1999. 4-7 SECTION 4. The importance of this legislation and the 4-8 crowded condition of the calendars in both houses create an 4-9 emergency and an imperative public necessity that the 4-10 constitutional rule requiring bills to be read on three several 4-11 days in each house be suspended, and this rule is hereby suspended.