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.