By:  Ellis                                             S.B. No. 838
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to professional service negligence and comparative
    1-2  responsibility.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (c) of Section 33.001, Chapter 33,
    1-5  Title 2, Civil Practice and Remedies Code, is amended to read as
    1-6  follows:
    1-7        (c)  In an action in which a claimant seeks damages for harm
    1-8  other than personal injury, property damage, or death, arising out
    1-9  of any action grounded in negligence, including but not limited to
   1-10  professional service negligence <relating to any professional
   1-11  services rendered by an architect, attorney, certified public
   1-12  accountant, real estate broker or agent, or engineer licensed by
   1-13  this state>, a claimant may recover damages only if his percentage
   1-14  of responsibility is less than or equal to 50 percent.
   1-15        SECTION 2.  Section 33.011, Chapter 33, Title 2, Civil
   1-16  Practice and Remedies Code, is amended by adding new Subdivisions
   1-17  (6) and (7) to read as follows:
   1-18              (6)  "Professional service defendant" means a
   1-19  defendant:
   1-20                    (A)  against whom a judgment can be entered for
   1-21  at least a portion of the damages awarded to the claimant for harm
   1-22  other than personal injury, property damage, or death; and
   1-23                    (B)  whose liability is based on professional
    2-1  service negligence.
    2-2              (7)  "Professional service negligence" means
    2-3  negligence, including but not limited to negligent
    2-4  misrepresentation, in rendering any service as an architect,
    2-5  lawyer, certified public accountant, real estate broker or agent,
    2-6  or engineer.
    2-7        SECTION 3.  Subsections (b) and (c) of Section 33.013,
    2-8  Chapter 33, Title 2, Civil Practice and Remedies Code, are amended
    2-9  to read as follows:
   2-10        (b)  Notwithstanding Subsection (a), each liable defendant,
   2-11  other than a professional service defendant, is, in addition to his
   2-12  liability under Subsection (a), jointly and severally liable for
   2-13  the damages recoverable by the claimant under Section 33.012 with
   2-14  respect to a cause of action if:
   2-15              (1)  the percentage of responsibility attributed to the
   2-16  defendant is greater than 20 percent; and
   2-17              (2)  only for a negligence action pursuant to Section
   2-18  33.001(a) or (c), the percentage of responsibility attributed to
   2-19  the defendant is greater than the percentage of responsibility
   2-20  attributed to the claimant.
   2-21        (c)  Notwithstanding Subsection (a), each liable defendant,
   2-22  other than a professional service defendant, is, in addition to his
   2-23  liability under Subsection (a), jointly and severally liable for
   2-24  the damages recoverable by the claimant under Section 33.012 with
   2-25  respect to a cause of action if:
    3-1              (1)  no percentage of responsibility is attributed to
    3-2  the claimant and the percentage of responsibility attributed to the
    3-3  defendant is greater than 10 percent; or
    3-4              (2)  the claimant's personal injury, property damage,
    3-5  or death is caused by the depositing, discharge, or release into
    3-6  the environment of any hazardous or harmful substance as described
    3-7  in Subdivision (3); or
    3-8              (3)  the claimant's personal injury, property damage,
    3-9  or death resulted from a "toxic tort."  "Toxic tort" means a cause
   3-10  of action in tort or for breach of implied warranty under Chapter
   3-11  2, Business & Commerce Code, arising out of exposure to hazardous
   3-12  chemicals, hazardous wastes, hazardous hydrocarbons, similarly
   3-13  harmful organic or mineral substances, hazardous radiation sources,
   3-14  and other similarly harmful substances (which usually, but need not
   3-15  necessarily, arise in the work place), but not including any "drug"
   3-16  as defined in Section 81.001(3), Civil Practice and Remedies Code.
   3-17        SECTION 4.  This Act shall apply to any claim arising before,
   3-18  on, or after the effective date of this Act; provided, however,
   3-19  that this Act shall not apply to any action that was filed in a
   3-20  court of competent jurisdiction before the effective date of this
   3-21  Act, and the provisions of Sections 33.001, 33.011, and 33.013 of
   3-22  Chapter 33, Title 2, Civil Practice and Remedies Code, in effect
   3-23  immediately prior to the effective date of this Act are continued
   3-24  in full force and effect solely for the purposes of determining the
   3-25  rights and liabilities of the parties to such an action.
    4-1        SECTION 5.  This Act takes effect September 1, 1993.
    4-2        SECTION 6.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.