| 1 | 1 | | 88R4139 SCL-D |
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| 2 | 2 | | By: Hall S.B. No. 1198 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the statute of limitations on a health care liability |
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| 8 | 8 | | claim involving certain gender modification drugs provided to and |
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| 9 | 9 | | procedures performed on a minor. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 74.251, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 74.251. GENERAL STATUTE OF LIMITATIONS AND REPOSE ON |
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| 14 | 14 | | HEALTH CARE LIABILITY CLAIMS. (a) Notwithstanding any other law, |
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| 15 | 15 | | except as provided by Section 74.252, and subject to Subsection |
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| 16 | 16 | | (b), no health care liability claim may be commenced unless the |
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| 17 | 17 | | action is filed within two years from the occurrence of the breach |
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| 18 | 18 | | or tort or from the date the medical or health care treatment that |
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| 19 | 19 | | is the subject of the claim or the hospitalization for which the |
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| 20 | 20 | | claim is made is completed; provided that, minors under the age of |
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| 21 | 21 | | 12 years shall have until their 14th birthday in which to file, or |
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| 22 | 22 | | have filed on their behalf, the claim. Except as herein provided |
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| 23 | 23 | | this section applies to all persons regardless of minority or other |
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| 24 | 24 | | legal disability. |
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| 25 | 25 | | (b) Except for a health care liability claim described by |
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| 26 | 26 | | Section 74.252, a [A] claimant must bring a health care liability |
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| 27 | 27 | | claim not later than 10 years after the date of the act or omission |
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| 28 | 28 | | that gives rise to the claim. This subsection is intended as a |
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| 29 | 29 | | statute of repose so that all claims must be brought within 10 years |
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| 30 | 30 | | or they are time barred. |
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| 31 | 31 | | SECTION 2. Subchapter F, Chapter 74, Civil Practice and |
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| 32 | 32 | | Remedies Code, is amended by adding Section 74.252 to read as |
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| 33 | 33 | | follows: |
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| 34 | 34 | | Sec. 74.252. STATUTE OF LIMITATIONS ON HEALTH CARE |
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| 35 | 35 | | LIABILITY CLAIMS INVOLVING CERTAIN GENDER MODIFICATION DRUGS AND |
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| 36 | 36 | | PROCEDURES. A claimant must bring a health care liability claim not |
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| 37 | 37 | | later than the claimant's 20th birthday if: |
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| 38 | 38 | | (1) the claimant is a minor at the time the cause of |
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| 39 | 39 | | action accrues; and |
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| 40 | 40 | | (2) the basis for the claim is malpractice in the |
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| 41 | 41 | | provision of a puberty suppression prescription drug or cross-sex |
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| 42 | 42 | | hormone to or the performance of surgery or another medical |
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| 43 | 43 | | procedure on the minor for the purpose of gender transitioning or |
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| 44 | 44 | | gender reassignment. |
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| 45 | 45 | | SECTION 3. The changes in law made by this Act apply only to |
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| 46 | 46 | | a cause of action that accrues on or after the effective date of |
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| 47 | 47 | | this Act. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2023. |
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