88R21955 SCL-F
 
  By: Slawson, Leach, Shaheen, Noble, H.B. No. 888
      Troxclair, et al.
 
  Substitute the following for H.B. No. 888:
 
  By:  Vasut C.S.H.B. No. 888
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the statute of limitations on a health care liability
  claim involving certain gender modification drugs provided to and
  procedures performed on a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 74.251, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 74.251.  GENERAL STATUTE OF LIMITATIONS AND REPOSE ON
  HEALTH CARE LIABILITY CLAIMS. (a)  Notwithstanding any other law,
  except as provided by Section 74.252, and subject to Subsection
  (b), no health care liability claim may be commenced unless the
  action is filed within two years from the occurrence of the breach
  or tort or from the date the medical or health care treatment that
  is the subject of the claim or the hospitalization for which the
  claim is made is completed; provided that, minors under the age of
  12 years shall have until their 14th birthday in which to file, or
  have filed on their behalf, the claim.  Except as herein provided
  this section applies to all persons regardless of minority or other
  legal disability.
         (b)  Except for a health care liability claim described by
  Section 74.252, a [A] claimant must bring a health care liability
  claim not later than 10 years after the date of the act or omission
  that gives rise to the claim.  This subsection is intended as a
  statute of repose so that all claims must be brought within 10 years
  or they are time barred.
         SECTION 2.  Subchapter F, Chapter 74, Civil Practice and
  Remedies Code, is amended by adding Section 74.252 to read as
  follows:
         Sec. 74.252.  STATUTE OF LIMITATIONS ON HEALTH CARE
  LIABILITY CLAIMS INVOLVING CERTAIN GENDER MODIFICATION DRUGS AND
  PROCEDURES. A claimant must bring a health care liability claim not
  later than the claimant's 25th birthday if:
               (1)  the claimant is a minor at the time the cause of
  action accrues; and
               (2)  the basis for the claim is malpractice in the
  provision of a puberty suppression prescription drug or cross-sex
  hormone to or the performance of surgery or another medical
  procedure on the minor for the purpose of gender transitioning or
  gender reassignment.
         SECTION 3.  The changes in law made by this Act apply only to
  a cause of action that accrues on or after the effective date of
  this Act.
         SECTION 4.  This Act takes effect September 1, 2023.