By:  Culberson                                        H.J.R. No. 51
       73R3005 DLF-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment limiting noneconomic damages
    1-2  for certain injuries.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article III of the Texas Constitution is amended
    1-5  by adding Section 66 to read as follows:
    1-6        Sec. 66.  (a)  In an action to recover damages for personal
    1-7  injury, death, or property damage arising from any tortious
    1-8  conduct, any award of noneconomic damages may not exceed $300,000.
    1-9        (b)  The legislature may adjust the limitation on noneconomic
   1-10  damages in Subsection (a) of this section upwards or downwards in
   1-11  accordance with the Consumer Price Index for All Urban Consumers
   1-12  published by the United States Department of Labor or a successor
   1-13  index established under federal law.
   1-14        (c)  For purposes of this section, "noneconomic damages"
   1-15  means compensatory damages for loss other than pecuniary loss.  The
   1-16  term includes damages for pain and suffering and mental anguish.
   1-17        SECTION 2.  This proposed constitutional amendment shall be
   1-18  submitted to the voters at an election to be held November 2, 1993.
   1-19  The ballot shall be printed to provide for voting for or against
   1-20  the proposition:  "The constitutional amendment limiting any award
   1-21  of noneconomic damages in an action for personal injury, property
   1-22  damage, or death to $300,000 and authorizing the legislature to
   1-23  adjust the limit according to the consumer price index."