1-1     By:  Janek (Senate Sponsor - Bernsen)                 H.B. No. 1515
 1-2           (In the Senate - Received from the House April 4, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the recovery of damages by a parent, managing
 1-9     conservator, or guardian in a suit brought by a person who was
1-10     younger than 18 at the time the cause of action accrued.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Subchapter A, Chapter 16, Civil Practice and
1-13     Remedies Code, is amended by adding Section 16.0035 to read as
1-14     follows:
1-15           Sec. 16.0035.  EXCEPTION TO LIMITATIONS PERIOD FOR PARENT,
1-16     MANAGING CONSERVATOR, OR GUARDIAN OF MINOR. (a)  An individual is
1-17     entitled to join a suit brought by a claimant for personal injury
1-18     if:
1-19                 (1)  at the time the cause of action that is the basis
1-20     for the suit accrued:
1-21                       (A)  the individual was the parent, managing
1-22     conservator, or guardian of the claimant; and
1-23                       (B)  the claimant was under a legal disability
1-24     under Section 16.001(a)(1);
1-25                 (2)  the claimant brought the suit within the
1-26     limitations period after the disability was removed; and
1-27                 (3)  the individual incurred medical expenses on behalf
1-28     of the claimant and has not recovered damages for those expenses in
1-29     a previous suit.
1-30           (b)  An individual who is entitled to join a suit under
1-31     Subsection (a)  may recover the damages described by Subsection
1-32     (a)(3) in the individual's own name without regard to whether the
1-33     limitations period has expired in relation to the individual's own
1-34     cause of action.
1-35           SECTION 2.  This Act takes effect immediately if it receives
1-36     a vote of two-thirds of all the members elected to each house, as
1-37     provided by Section 39, Article III, Texas Constitution.  If this
1-38     Act does not receive the vote necessary for immediate effect, this
1-39     Act takes effect September 1, 2001.
1-40           SECTION 3. (a)  This Act applies to all actions:
1-41                 (1)  commenced on or after the effective date of this
1-42     Act; or
1-43                 (2)  pending on that effective date and in which the
1-44     trial, or any new trial or retrial following motion, appeal, or
1-45     otherwise, begins on or after that date.
1-46           (b)  In an action commenced before the effective date of this
1-47     Act, a trial, new trial, or retrial in progress on the effective
1-48     date of this Act is governed by the law applicable to the trial,
1-49     new trial, or retrial immediately before the effective date of this
1-50     Act, and that law is continued in effect for that purpose.
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