BILL ANALYSIS

H.B. 1427

By: Lewis

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, a claimant is able to bring suit against a designated responsible third party within 60 days, regardless of any statute of limitations that would otherwise exist.  H.B. 1427 seeks to remove the 60-day exemption.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1427 repeals Section 33.004(e), Civil Practice and Remedies Code, relating to the ability of a claimant seeking recovery of damages to join a person designated as a responsible third party without being barred by limitations, even though such joinder would otherwise be barred by limitations, if the claimant seeks to join that person not later than 60 days after that person is designated as a responsible third party.

EFFECTIVE DATE

September 1, 2011.