By: Smith, Ashley H.B. No. 1162
73R923 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to damages in personal injury actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies
1-5 Code, is amended by adding Chapters 24 and 25 to read as follows:
1-6 CHAPTER 24. COLLATERAL SOURCE BENEFITS
1-7 Sec. 24.001. DEFINITIONS. In this chapter:
1-8 (1) "Claimant" means a party, including a plaintiff,
1-9 counterclaimant, cross-claimant, or third-party claimant, seeking
1-10 recovery of damages. If the action is brought through or on behalf
1-11 of an estate, the term includes the beneficiaries of the estate.
1-12 If the action is brought on behalf of a minor, the term includes
1-13 the minor's parent or guardian.
1-14 (2) "Collateral source benefit" means a benefit paid
1-15 or payable to or on behalf of a claimant under:
1-16 (A) the Social Security Act (42 U.S.C. 301 et
1-17 seq.);
1-18 (B) a state or federal income replacement,
1-19 disability, workers' compensation, or other law that provides
1-20 partial or full income replacement;
1-21 (C) any insurance policy, other than a life
1-22 insurance policy, including:
1-23 (i) an accident, health, or sickness
1-24 insurance policy;
2-1 (ii) a disability insurance policy; and
2-2 (iii) a property or casualty insurance
2-3 policy, including a motor vehicle or homeowners' insurance policy;
2-4 (D) an agreement under which a person, including
2-5 a health maintenance organization operating under a certificate of
2-6 authority issued under the Texas Health Maintenance Organization
2-7 Act (Chapter 20A, Vernon's Texas Insurance Code), is obligated to
2-8 provide or pay for medical, hospital, dental, or other health care
2-9 services or similar benefits; or
2-10 (E) a contractual or voluntary wage continuation
2-11 plan, provided by an employer or other person, or any other system
2-12 intended to provide wages during a period of disability.
2-13 Sec. 24.002. APPLICATION OF CHAPTER. (a) This chapter
2-14 applies only to a claim for damages arising from personal injury,
2-15 including a claim for loss of wages, medical or other health care
2-16 costs, rehabilitation costs, and services.
2-17 (b) This chapter applies regardless of the theory of
2-18 liability under which the action is brought.
2-19 Sec. 24.003. ADMISSIBILITY OF EVIDENCE OF COLLATERAL SOURCE
2-20 BENEFITS. Evidence of a collateral source benefit is admissible in
2-21 a personal injury action if the benefit:
2-22 (1) has been paid or is substantially certain to be
2-23 paid to the claimant; and
2-24 (2) compensates the claimant for at least some of the
2-25 damages sought in the action.
2-26 Sec. 24.004. CONSIDERATION OF COLLATERAL SOURCE BENEFITS.
2-27 (a) The trier of fact shall consider collateral source benefits
3-1 admissible under Section 24.003 in determining the amount of a
3-2 judgment.
3-3 (b) The court shall consider collateral source benefits
3-4 admissible under Section 24.003 in reviewing a judgment for
3-5 excessiveness.
3-6 Sec. 24.005. PREMIUMS PAID FOR COLLATERAL SOURCE BENEFITS.
3-7 In determining the amount of a judgment, the trier of fact may
3-8 consider premiums personally paid by a claimant to obtain coverage
3-9 that provides a collateral source benefit that has been paid or
3-10 that is payable.
3-11 Sec. 24.006. EVIDENCE OF TAX IMPLICATION OF DAMAGE AWARDS.
3-12 The trier of fact shall be informed of the tax implications of an
3-13 award of damages for a claim for which collateral source benefits
3-14 were received.
3-15 CHAPTER 25. AWARD OF DAMAGES
3-16 Sec. 25.001. DEFINITION. In this chapter, "claimant" means
3-17 a party, including a plaintiff, counterclaimant, cross-claimant, or
3-18 third-party claimant, seeking recovery of damages. If the action
3-19 is brought through or on behalf of an estate, the term includes the
3-20 beneficiaries of the estate. If the action is brought on behalf of
3-21 a minor, the term includes the minor's parent or guardian.
3-22 Sec. 25.002. SPECIAL DAMAGES FINDINGS REQUIRED. (a) If a
3-23 trier of fact awards damages for personal injury, the trier of fact
3-24 shall make separate findings for each claimant specifying:
3-25 (1) the amount of damages that have accrued at the
3-26 time of the judgment for:
3-27 (A) medical and other health care costs;
4-1 (B) economic loss other than the costs of
4-2 medical or other health care; and
4-3 (C) noneconomic loss; and
4-4 (2) the amount of damages that will accrue in the
4-5 future for:
4-6 (A) medical and other health care costs;
4-7 (B) economic loss other than the costs of
4-8 medical or other health care; and
4-9 (C) noneconomic loss.
4-10 (b) This section applies regardless of the theory of
4-11 liability under which the claim for damages for personal injury is
4-12 brought.
4-13 Sec. 25.003. COMPUTATION OF FUTURE DAMAGES. (a) The trier
4-14 of fact, in computing the cost of medical or other health care that
4-15 will accrue in the future and future noneconomic loss, may consider
4-16 only the costs and losses that will accrue during the period of
4-17 time the claimant will sustain those costs and losses.
4-18 (b) The trier of fact, in computing the economic loss other
4-19 than the cost of medical or other health care that will accrue in
4-20 the future, shall consider the losses that would have accrued
4-21 during the period of time the claimant would have lived if the
4-22 injury on which the claim is made had not been sustained.
4-23 SECTION 2. This Act takes effect September 1, 1993, and
4-24 applies only to a cause of action that commences on or after that
4-25 date. An action that commences before that date is governed by the
4-26 law in effect at the time the action commences, and that law is
4-27 continued in effect for that purpose.
5-1 SECTION 3. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.