89R5234 SCL-F
By: Slawson H.B. No. 1088
A BILL TO BE ENTITLED
AN ACT
relating to the statute of limitations on a health care liability
claim involving certain gender modification drugs provided to and
procedures performed on a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.251, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 74.251. GENERAL STATUTE OF LIMITATIONS AND REPOSE ON
HEALTH CARE LIABILITY CLAIMS. (a) Notwithstanding any other law,
except as provided by Section 74.252, and subject to Subsection
(b), no health care liability claim may be commenced unless the
action is filed within two years from the occurrence of the breach
or tort or from the date the medical or health care treatment that
is the subject of the claim or the hospitalization for which the
claim is made is completed; provided that, minors under the age of
12 years shall have until their 14th birthday in which to file, or
have filed on their behalf, the claim. Except as herein provided
this section applies to all persons regardless of minority or other
legal disability.
(b) Except for a health care liability claim described by
Section 74.252, a [A] claimant must bring a health care liability
claim not later than 10 years after the date of the act or omission
that gives rise to the claim. This subsection is intended as a
statute of repose so that all claims must be brought within 10 years
or they are time barred.
SECTION 2. Subchapter F, Chapter 74, Civil Practice and
Remedies Code, is amended by adding Section 74.252 to read as
follows:
Sec. 74.252. STATUTE OF LIMITATIONS ON HEALTH CARE
LIABILITY CLAIMS INVOLVING CERTAIN GENDER MODIFICATION DRUGS AND
PROCEDURES. A claimant must bring a health care liability claim not
later than the claimant's 25th birthday if:
(1) the claimant is a minor at the time the cause of
action accrues; and
(2) 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.
SECTION 3. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2025.