By:  Culberson                                         H.B. No. 525
       73R2765 RJA-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the distribution of exemplary damages to the permanent
    1-3  school fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 41, Civil Practice and Remedies Code, is
    1-6  amended by adding Section 41.010 to read as follows:
    1-7        Sec. 41.010.  DISTRIBUTION OF AWARD.  Notwithstanding any
    1-8  contractual agreement between a claimant and the claimant's
    1-9  attorney, a court shall order an award of exemplary damages paid as
   1-10  follows:
   1-11              (1)  15 percent to the claimant;
   1-12              (2)  10 percent to the claimant's attorney; and
   1-13              (3)  75 percent to the permanent school fund.
   1-14        SECTION 2.  Section 41.009, Civil Practice and Remedies Code,
   1-15  is amended to read as follows:
   1-16        Sec. 41.009.  PROVISIONS NOT TO BE MADE KNOWN TO JURY.  The
   1-17  provisions of Sections <Section> 41.007 and 41.010 may not be made
   1-18  known to the jury through any means, including voir dire,
   1-19  introduction into evidence, or instruction.
   1-20        SECTION 3.  This Act applies only to a cause of action that
   1-21  accrues on or after the effective date of this Act.  An action that
   1-22  accrues before the effective date of this Act is governed by the
   1-23  law in effect at the time the action accrued, and that law is
   1-24  continued in effect for that purpose.
    2-1        SECTION 4.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days be suspended, and this rule is hereby suspended, and that this
    2-6  Act take effect and be in force from and after its passage, and it
    2-7  is so enacted.