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."