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.