Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE
77 th Texas Legislature
Defines a claim for reimbursement and provides that in a conflict between a claim for economic contribution
and a claim for reimbursement, the claim for economic contribution prevails. The court must resolve a
claim for reimbursement by using equitable principles. Benefits for the use and enjoyment of property may
be offset against a claim for reimbursement.
Sets out what claims for reimbursement may not be recognized by a court. These include the payment of
child support, alimony, or spousal maintenance.
Provides that a premarital or marital property agreement to convert separate property to community
property that complies with statutory requirements is effective to waive, release, assign, or partition a claim
for economic contribution to the same extent such agreement would have been effective under the law as it
existed immediately before September 1, 1999.
Requires a court, in a decree of divorce or annulment, to determine the rights of both spouses in a claim for
economic contribution in a manner that the court considers just and right with due regard for the rights of
each party and any children of the marriage.
Parent May Join in a Personal Injury Suit Brought by a Dependent - H.B. 1515
by Representative Janek
Senate Sponsor: Senator Bernsen
Authorizes an individual to join a personal injury suit brought by a claimant if:
• at the time the cause of action accrued, the individual was the claimant’s parent, managing
conservator, or guardian and the claimant was younger than 18 years of age;
• the claimant brought the suit within the limitations period after the disability was removed; and
• the individual incurred medical expenses on behalf of the claimant and has not recovered damages
for those expenses in a previous suit.
Provides that an individual who is entitled to join a suit under the Act may recover the damages regardless
of whether the limitations period has expired in relation to the individual's own cause of action.
Senate Research Center 198