Sec. 86.003. DERIVATIVE CLAIMS. Section 86.002 applies to a claim for damages made by a claimant other than a convicted person if:
(1) the claimant's right to recovery results from an injury to a convicted person, including a claim for the wrongful death of the convicted person or a claim for loss of consortium with or loss of the companionship of the convicted person; and
(2) the convicted person's right to recovery would be barred under Section 86.002.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995. Renumbered from Civil Practice and Remedies Code Sec. 87.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 86 - Liability for Certain Injuries to Convicted Persons
Section 86.002. Recovery of Damages for Injury to Convicted Person Prohibited
Section 86.003. Derivative Claims
Section 86.004. Claimant Liable for Court Costs and Fees and Attorney's Fees
Section 86.005. Certain Traffic Law Violations Excluded