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.