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.