By:  Hartnett                                          H.B. No. 559
       73R382 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the determination of liability for punitive damages by
    1-3  clear and convincing evidence.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 41.003(a), Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        (a)  Exemplary damages may be awarded only if the claimant
    1-8  proves by clear and convincing evidence that the personal injury,
    1-9  property damage, death, or other harm with respect to which the
   1-10  claimant seeks recovery of exemplary damages results from:
   1-11              (1)  fraud;
   1-12              (2)  malice; or
   1-13              (3)  gross negligence.
   1-14        SECTION 2.  This Act takes effect September 1, 1993, and
   1-15  applies to all litigation filed on or after that date or filed
   1-16  before that date and pending in any trial court.
   1-17        SECTION 3.  The importance of this legislation and the
   1-18  crowded condition of the calendars in both houses create an
   1-19  emergency   and   an   imperative   public   necessity   that   the
   1-20  constitutional rule requiring bills to be read on three several
   1-21  days in each house be suspended, and this rule is hereby suspended.