BILL ANALYSIS
Senate Research Center S.B. 1560
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2003, H.B. 4 and proposition 12 established a cap on non-economic damages for personal injury cases. The maximum amount for such damages in any particular cases was set at $250,000. That bill also provided that the $250,000 is required to be divided per claimant, defining "claimant" as all persons claiming to have sustained damages as a result of the death of a single individual.
As proposed, S.B. 1560 clarifies that each person who may have a claim in a personal injury case may recover his or her own economic damages up to $250,000.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 74.303, Civil Practice and Remedies Codes, by adding Subsection (f), as follows:
(f) Requires the limitations in Section 74.301 (Limitation on Noneconomic Damages), in a wrongful death or survival action on a health care liability claim, to be applied individually to each person, including a decedent's estate, seeking or who sought recovery of damages.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2007.