By:  Bivins                                           S.B. No. 1267
       73R1356 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to exemplary damages in certain civil suits.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 41.003(b), Civil Practice and Remedies
    1-5  Code, is amended to read as follows:
    1-6        (b)  The claimant must prove the elements of Subsection
    1-7  (a)(1), (a)(2), or (a)(3) by clear and convincing evidence.  This
    1-8  burden of proof may not be shifted to the defendant or satisfied by
    1-9  evidence of ordinary negligence.
   1-10        SECTION 2.  Chapter 41, Civil Practice and Remedies Code, is
   1-11  amended by adding Section 41.0035 to read as follows:
   1-12        Sec. 41.0035.  BIFURCATION OF TRIAL.  (a)  A court shall
   1-13  conduct, in two stages as provided by this section, the trial of a
   1-14  claim for both:
   1-15              (1)  damages for the claimant's personal injury,
   1-16  property damage, death, or other harm; and
   1-17              (2)  exemplary damages arising from the personal
   1-18  injury, property damage, death, or other harm.
   1-19        (b)  The purpose of the first stage of the trial is for a
   1-20  determination by the trier of fact of the claimant's damages for
   1-21  the claimant's personal injury, property damage, death, or other
   1-22  harm.
   1-23        (c)  The court may admit in the first stage of the trial only
   1-24  evidence that is relevant to proof of the claim for personal
    2-1  injury, property damage, death, or other harm.
    2-2        (d)  If the trier of fact determines that the claimant is not
    2-3  entitled to an award of damages for the claimant's personal injury,
    2-4  property damage, death, or other harm, the court may not proceed to
    2-5  the second stage of the trial and the claimant is not entitled to
    2-6  recover exemplary damages.
    2-7        (e)  If the trier of fact determines that the claimant is
    2-8  entitled to an award of damages for the claimant's personal injury,
    2-9  property damage, death, or other harm, the court shall render the
   2-10  award on behalf of the claimant and shall proceed to the second
   2-11  stage of the trial.
   2-12        (f)  The purpose of the second stage of the trial is for a
   2-13  determination by the trier of fact of the exemplary damages
   2-14  relating to the claimant's personal injury, property damage, death,
   2-15  or other harm that the claimant is entitled to recover.
   2-16        (g)  The court may admit in the second stage of the trial
   2-17  only evidence that is relevant to proof of the claim for exemplary
   2-18  damages.
   2-19        SECTION 3.  Chapter 41, Civil Practice and Remedies Code, is
   2-20  amended by adding Section 41.010 to read as follows:
   2-21        Sec. 41.010.  DISTRIBUTION OF AWARD TO THE GENERAL REVENUE
   2-22  FUND.  A court shall order that 50 percent of an award of exemplary
   2-23  damages be paid to the state treasurer for deposit in the state
   2-24  treasury to the credit of the general revenue fund.
   2-25        SECTION 4.  This Act takes effect September 1, 1993, and
   2-26  applies only to an action commenced on or after that date.  An
   2-27  action commenced before the effective date of this Act is governed
    3-1  by the law in effect at the time the action was commenced, and that
    3-2  law is continued in effect for that purpose.
    3-3        SECTION 5.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.