By:  Nelson                                            S.B. No. 923
       73R4234 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to distribution of exemplary damages in civil cases and
    1-3  authorizing the attorney general to intervene in civil cases in
    1-4  which exemplary damages are awarded.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 41, Civil Practice and Remedies Code, is
    1-7  amended by adding Sections 41.010 and 41.011 to read as follows:
    1-8        Sec. 41.010.  DISTRIBUTION OF AWARD; APPLICABILITY.  (a)
    1-9  Notwithstanding any contractual agreement between a claimant and
   1-10  the claimant's attorney, a court shall order one-third of an award
   1-11  of exemplary damages paid to the foundation school fund.
   1-12        (b)  Notwithstanding Section 41.002(b), this section applies
   1-13  to the award of exemplary damages in any civil suit.
   1-14        Sec. 41.011.  NOTICE TO AND INTERVENTION BY ATTORNEY GENERAL.
   1-15  (a)  A court entering a final judgment that distributes exemplary
   1-16  damages as required by Section 41.010 shall send a copy of the
   1-17  judgment to the attorney general not later than the fifth day after
   1-18  the date that the court enters the judgment.
   1-19        (b)  The attorney general is entitled to intervene as a party
   1-20  on behalf of the state in any proceeding relating to a suit in
   1-21  which a court enters a final judgment that awards exemplary
   1-22  damages.
   1-23        SECTION 2.  This Act takes effect September 1, 1993, and
   1-24  applies only to a cause of action that accrues on or after that
    2-1  date.  A cause of action that accrues before the effective date of
    2-2  this Act is governed by the law in effect at the time the action
    2-3  accrued and that law is continued in effect for that purpose.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.