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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1515 was passed by the House on April 3, 2001, by the following vote: Yeas 146, Nays 0, 1 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 1515 was passed by the Senate on May 17, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor