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