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.