86R6923 LED-D
 
  By: Schwertner S.B. No. 1215
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to recovery of medical or health care expenses in civil
  actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 41.0105, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 41.0105.  MEDICAL OR HEALTH CARE EXPENSES [EVIDENCE
  RELATING TO AMOUNT OF ECONOMIC DAMAGES]. (a) In addition to any
  other limitation under law, recovery of medical or health care
  expenses incurred is limited to the amount actually paid or
  incurred by or on behalf of the claimant.
         (b)  The trier of fact shall consider a claimant's failure to
  seek reimbursement for medical or health care expenses that are
  obligated to be paid on the claimant's behalf a failure to mitigate
  the claimant's damages.
         SECTION 2.  Section 41.0105, Civil Practice and Remedies
  Code, as amended by this Act, applies only to an action commenced on
  or after the effective date of this Act. An action commenced before
  the effective date of this Act is governed by the law applicable to
  the action immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.