HBA-MAJ, KSM H.B. 26 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 26
By: Goolsby
Civil Practices
4/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the statute of limitations for civil cases involving personal
injury or wrongful death claims is two years, which is sometimes inadequate
to preserve evidence, witness statements, and accurate depositions.  H.B.
26 requires individuals seeking a claim for personal injury or wrongful
death to provide a notice of intent to litigate within six months after the
occurrence of the incident. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 16, Civil Practice and Remedies Code, by adding
Subchapter E, as follows: 

SUBCHAPTER E.  NOTICE OF CLAIM FOR CERTAIN CLAIMS

Sec. 16.101.  DEFINITIONS.  Defines "claimant" and "defendant."
 
Sec. 16.102. APPLICABILITY.  Makes this subchapter applicable only to
claims for damages for personal injury or wrongful death. 

Sec. 16.103.  EXEMPTIONS.  Exempts from this subchapter a claim that is
subject to the Medical Liability and Insurance Improvement Act of Texas
(Art. 4590i, V.T.C.S.).  Provides that this subchapter is not applicable
if, on or before the 180th day after the date the incident giving rise to
the claim occurred, the claimant files suit or the defendant receives
actual notice that death has occurred or that a claimant has received some
injury. 

Sec. 16.104.  DISMISSAL OF CLAIM.  Requires the court to dismiss a claim on
the motion of the defendant who alleges that the required notice was not
received within the prescribed time period, if the claimant does not show
that timely notice was received by the defendant, that an exemption under
Section 16.103 applies, that after reasonable diligence during the
prescribed time frame the claimant could not discover the defendant's
identity or location, or that the claimant unsuccessfully attempted to
deliver notice under Section 16.106 with reasonable diligence.  

Sec. 16.105.  CONTENTS OF NOTICE OF CLAIM.  Requires the notice of claim to
reasonably describe the injury or death claimed, the time and place of the
incident, and the incident. 
 
Sec. 16.106.  METHOD OF DELIVERING NOTICE OF CLAIM.  Authorizes the notice
of a claim to be delivered to the intended recipient in person or by
registered or certified mail, return receipt requested. 

Sec. 16.107.  TIME FOR SENDING NOTICE OF CLAIM.  Requires the claimant to
provide notice of a claim within certain time frames, depending on whether
the claimant retains an  attorney within a certain time frame, has a legal
disability, or knows, or should know, of the facts giving rise to the
claim. 

Sec. 16.108.  CONFLICT.  Prohibits the supreme court from amending or
adopting rules in conflict with this subchapter, notwithstanding Section
22.004, Government Code, (regarding the rulemaking power of the supreme
court and publication of the rules and practice and procedure in civil
actions). 

SECTION 2.  Makes application of this Act prospective.  

SECTION 3.  Effective date:  September 1, 1999.