BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1560

80R8836 CAE-D                                                                                                           By: Hinojosa

                                                                                                                                       State Affairs

                                                                                                                                            4/11/2007

                                                                                                                                              As Filed

 

 

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

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

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.