By Janek                                              H.B. No. 1515
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the recovery of damages by a parent, managing
 1-3     conservator, or guardian in a suit brought by a person who was
 1-4     younger than 18 at the time the cause of action accrued.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter A, Chapter 16, Civil Practice and
 1-7     Remedies Code, is amended by adding Section 16.0035 to read as
 1-8     follows:
 1-9           Sec. 16.0035.  EXCEPTION TO LIMITATIONS PERIOD FOR PARENT,
1-10     MANAGING CONSERVATOR, OR GUARDIAN OF MINOR. (a)  An individual is
1-11     entitled to join a suit brought by a claimant for personal injury
1-12     if:
1-13                 (1)  at the time the cause of action that is the basis
1-14     for the suit accrued:
1-15                       (A)  the individual was the parent, managing
1-16     conservator, or guardian of the claimant; and
1-17                       (B)  the claimant was under a legal disability
1-18     under Section 16.001(a)(1);
1-19                 (2)  the claimant brought the suit within the
1-20     limitations period after the disability was removed; and
1-21                 (3)  the individual incurred medical expenses on behalf
1-22     of the claimant and has not recovered damages for those expenses in
1-23     a previous suit.
1-24           (b)  An individual who is entitled to join a suit under
 2-1     Subsection (a)  may recover the damages described by Subsection
 2-2     (a)(3) in the individual's own name without regard to whether the
 2-3     limitations period has expired in relation to the individual's own
 2-4     cause of action.
 2-5           SECTION 2.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.
2-10           SECTION 3. (a)  This Act applies to all actions:
2-11                 (1)  commenced on or after the effective date of this
2-12     Act; or
2-13                 (2)  pending on that effective date and in which the
2-14     trial, or any new trial or retrial following motion, appeal, or
2-15     otherwise, begins on or after that date.
2-16           (b)  In an action commenced before the effective date of this
2-17     Act, a trial, new trial, or retrial in progress on the effective
2-18     date of this Act is governed by the law applicable to the trial,
2-19     new trial, or retrial immediately before the effective date of this
2-20     Act, and that law is continued in effect for that purpose.