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. 1-51 * * * * *