LIMITATIONS-JOINT REPLACEMENT
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HB 3186 — LIMITATIONS-JOINT REPLACEMENT
Last action — Referred to Rules Committee
No card. One bill, free forever — alerts when it moves.
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1Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 103rd Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. Provides the if personal injury, death, or property damage occurs in relation to a medical joint replacement either (i) within 12 years from the date of first sale, lease, or delivery of possession by a seller, (ii) within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or (iii) within 10 years from the date of alteration, modification, or change, then a plaintiff may bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred.
Bill Text
- Introduced View text Current pdf
Action History
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Tom Weber
Sponsors
- Tom Weber · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 182 not signed on
Sponsors (1)
- Tom Weber Republican
Co-sponsors (0)
None.
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HB 3186 do?
- Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. Provides the if personal injury, death, or property damage occurs in relation to a medical joint replacement either (i) within 12 years from the date of first sale, lease, or delivery of possession by a seller, (ii) within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or (iii) within 10 years from the date of alteration, modification, or change, then a plaintiff may bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred.
- Who sponsors HB 3186?
- HB 3186 is sponsored by Tom Weber (Republican).
- What is the current status of HB 3186?
- This bill died with 103rd Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 3186?
- Track HB 3186 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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