78R467 AJA-D

By:  Nixon                                                        H.B. No. 315



A BILL TO BE ENTITLED

AN ACT

relating to a statute of repose for certain malpractice suits 
against attorneys.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 16, Civil Practice and 
Remedies Code, is amended by adding Section 16.013 to read as 
follows:
	Sec. 16.013.  CERTAIN LEGAL MALPRACTICE SUITS. (a) A person 
must bring suit for damages arising from an injury or loss caused by 
legal malpractice by an attorney that occurs during the attorney's 
representation of the person in a suit involving a claim for damages 
or other relief made by or against the person:
		(1)  not later than the 10th anniversary of the date the 
claim is settled or a suit involving the claim reaches a final, 
unappealable judgment or is dismissed if the settlement or judgment 
is reached or the dismissal occurs on or after September 1, 2003; or
		(2)  not later than September 1, 2005, or the 10th 
anniversary of the date the settlement or judgment is reached or the 
dismissal occurs, whichever is later, if the settlement or judgment 
is reached or the dismissal occurs before September 1, 2003.
	(b)  If the claimant presents a written claim for damages to 
the attorney during the 10-year limitations period, the period is 
extended for two years from the date the claim is presented.
	(c)  This section is a statute of repose and is independent 
of any other limitations period.
	SECTION 2.  This Act takes effect September 1, 2003.