By: Uher H.B. No. 2327
73R6717 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exemplary damages in certain civil suits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.003(b), Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 (b) The claimant must prove the elements of Subsection
1-7 (a)(1), (a)(2), or (a)(3) by clear and convincing evidence. This
1-8 burden of proof may not be shifted to the defendant or satisfied by
1-9 evidence of ordinary negligence.
1-10 SECTION 2. Chapter 41, Civil Practice and Remedies Code, is
1-11 amended by adding Section 41.0035 to read as follows:
1-12 Sec. 41.0035. BIFURCATION OF TRIAL. (a) A court shall
1-13 conduct, in two stages as provided by this section, the trial of a
1-14 claim for both:
1-15 (1) damages for the claimant's personal injury,
1-16 property damage, death, or other harm; and
1-17 (2) exemplary damages arising from the personal
1-18 injury, property damage, death, or other harm.
1-19 (b) The purpose of the first stage of the trial is for a
1-20 determination by the trier of fact of the claimant's damages for
1-21 the claimant's personal injury, property damage, death, or other
1-22 harm.
1-23 (c) The court may admit in the first stage of the trial only
1-24 evidence that is relevant to proof of the claim for personal
2-1 injury, property damage, death, or other harm.
2-2 (d) If the trier of fact determines that the claimant is not
2-3 entitled to an award of damages for the claimant's personal injury,
2-4 property damage, death, or other harm, the court may not proceed to
2-5 the second stage of the trial and the claimant is not entitled to
2-6 recover exemplary damages.
2-7 (e) If the trier of fact determines that the claimant is
2-8 entitled to an award of damages for the claimant's personal injury,
2-9 property damage, death, or other harm, the court shall render the
2-10 award on behalf of the claimant and shall proceed to the second
2-11 stage of the trial.
2-12 (f) The purpose of the second stage of the trial is for a
2-13 determination by the trier of fact of the exemplary damages
2-14 relating to the claimant's personal injury, property damage, death,
2-15 or other harm that the claimant is entitled to recover.
2-16 (g) The court may admit in the second stage of the trial
2-17 only evidence that is relevant to proof of the claim for exemplary
2-18 damages.
2-19 SECTION 3. Section 41.007, Civil Practice and Remedies Code,
2-20 is amended to read as follows:
2-21 Sec. 41.007. LIMITATION ON AMOUNT OF RECOVERY.
2-22 Exemplary <Except as provided by Section 41.008, exemplary> damages
2-23 awarded against a defendant may not exceed <four times> the amount
2-24 of actual damages apportioned according to the percentage of
2-25 responsibility determined by the trier of fact under Section 33.013
2-26 for the defendant <or $200,000, whichever is greater>.
2-27 SECTION 4. Section 41.008, Civil Practice and Remedies Code,
3-1 is repealed.
3-2 SECTION 5. This Act takes effect September 1, 1993, and
3-3 applies only to an action commenced on or after that date. An
3-4 action commenced before the effective date of this Act is governed
3-5 by the law in effect at the time the action was commenced, and that
3-6 law is continued in effect for that purpose.
3-7 SECTION 6. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.