SRC-JBJ H.B. 1515 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1515
By: Janek (Bernsen)
Jurisprudence
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, it is unclear whether the statute of limitations for a parent,
managing conservator, or guardian seeking to recover medical expenses
incurred on behalf of a minor is based on the date of the discovery of a
cause of action or the date on which a minor reaches the minor's 18th
birthday.  H.B. 1515 authorizes a parent, managing conservator, or guardian
to join a suit brought by a minor to recover medical expenses incurred on
behalf of the minor if the suit was brought within the limitations period
after the minor attained 18 years of age. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 16A, Civil Practices and Remedies Code, by
adding Section 16.0035, as follows: 

Sec. 16.0035.  EXCEPTION TO LIMITATIONS PERIOD FOR PARENT, MANAGING
CONSERVATOR, OR GUARDIAN OR MINOR.  Provides that an individual is entitled
to a join a suit brought by a claimant for personal injury under certain
conditions.  Authorizes an individual who is entitled to join a suit under
Subsection (a) to recover the damages described by Subsection (a)(3) in the
individual's own name without regard to whether the limitations period has
expired in relation to the individual's own cause of action. 

SECTION 2.  Effective date: upon passage or September 1, 2001.

SECTION 3.  (a)  Provides that this Act applies to all actions commenced on
or after the effective date of this Act or pending on that effective date
and in which the trial, or any new trial or retrial following motion,
appeal, or otherwise, begins on or after that date. 

(b)  Provides that in an action commenced before the effective date of this
Act, a trial, new trial, or retrial in progress on the effective date of
this Act is governed by the law applicable to the trial, new trial, or
retrial immediately before the effective date of this Act, and that law is
continued in effect for that purpose.