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.