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.