HBA-MSH H.B. 1515 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1515
By: Janek
Civil Practices
2/20/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, it is unclear whether the statute of limitations for a parent,
managing conservator, or guardian seeking to recover medical expenses
incurred on behalf of a minor is based on the date of the discovery of a
cause of action or the date on which a minor reaches his or her eighteenth
birthday.  In some cases, this confusion prevents parents, managing
conservators, or guardians from recovering the medical expenses incurred
for their children.  House Bill 1515 authorizes a parent, managing
conservator, or guardian to join a suit brought by a minor to recover
medical expenses incurred on behalf of the minor if the suit was brought
within the limitations period after the minor attained 18 years of age. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1515 amends the Civil Practice and Remedies Code to entitle an
individual to join a personal injury suit if, at the time the cause of
action accrued, the individual was the parent, managing conservator, or
guardian of the claimant in the suit and the claimant was younger than 18
years of age, the suit was brought by the claimant within the limitations
period after the disability was removed, and the individual incurred
medical expenses on behalf of the claimant and has not yet recovered
damages for those expenses in a previous suit.  The bill authorizes such an
individual to recover damages in the individual's own name without regard
to whether the limitations period has expired in relation to the
individual's own cause of action. 

EFFECTIVE DATE

September 1, 2001.