BILL ANALYSIS

H.B. 1088

By: Slawson

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that gender modification procedures on minors, including surgeries and the administration of medications such as puberty blockers and hormone therapies, can have serious long-term effects on a young person's health and well-being. According to the American College of Pediatricians, there are no high-quality, long-term studies demonstrating the efficacy and safety of gender modification. The American College of Pediatricians also notes that many health concerns are linked to gender transitioning in children, including an increased risk of developing osteoporosis, heart attacks, and cancer. H.B. 1088  seeks to give a person who underwent gender modification procedures as a minor longer time to seek recourse for complications that may manifest years after the procedure by setting the statute of limitations for medical malpractice claims involving certain gender modification drugs and procedures at the 25th birthday of the claimant.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 1088 amends the Civil Practice and Remedies Code to set the statute of limitations for a health care liability claim involving certain gender modification drugs and procedures at not later than the claimant's 25th birthday if the following conditions apply:

· the claimant is a minor at the time the cause of action accrues; and

· 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.

The bill applies only to a cause of action that accrues on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.