House Bill No. 1088 amends the Civil Practice and Remedies Code to establish specific statutes of limitations for health care liability claims related to gender modification drugs and procedures provided to minors. The bill introduces a new section, 74.252, which stipulates that a claimant must file a health care liability claim by their 25th birthday if they were a minor when the cause of action accrued and the claim is based on malpractice involving puberty suppression drugs or gender reassignment procedures. This provision aims to provide a longer timeframe for minors to seek legal recourse in these specific cases.

Additionally, the bill modifies Section 74.251 by clarifying the general statute of limitations for health care liability claims, stating that claims must be filed within two years of the occurrence of the breach or tort, with an exception for minors under 12 years old, who have until their 14th birthday to file. It also establishes a 10-year statute of repose for all health care liability claims, ensuring that claims must be initiated within this timeframe or they will be barred. The changes will apply only to causes of action that accrue on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Civil Practice and Remedies Code 74.251 (Civil Practice and Remedies Code 74)
House Committee Report: Civil Practice and Remedies Code 74.251 (Civil Practice and Remedies Code 74)