BILL ANALYSIS



H.B. 692
By: Culberson
4-20-95
Committee Report (Unamended)


BACKGROUND

Currently, Title 4 of the Civil Practice and Remedies Code does not
address the ability of convicted criminals to recover damages for
their injuries arising for the commission of their offense.

PURPOSE

To prohibit convicted criminals from recovering damages for
injuries arising from the commission of an offense.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by
adding Chapter 87, LIABILITY FOR CERTAIN INJURIES TO CONVICTED
PERSONS.

     Sec. 87.001. DEFINITION.  "Claimant"  means one seeking
recovery of damages.

     Sec. 87.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED
PERSON PROHIBITED. Provides that:

     (a) a claimant who has been convicted of a felony or
misdemeanor may not recover damages for an injury sustained during
the commission of the felony or misdemeanor if the injury would not
have been sustained but for the commission of the felony or
misdemeanor;

     (b) Subsection (a) does not bar the claimant from recovering
damages if the claimant shows that:
     (1) damages arose from a separate act intended to result in
the:
     (A) prevention of the commission of a felony or misdemeanor by
     the claimant; or
     (B) apprehension of the claimant during or immediately after
     the commission of the felony; and

     (2) damages did not arise from a premises defect that the
claimant was exposed to as a result of the commission of the
felony.

     Sec. 87.003. DERIVATIVE CLAIMS. Sect. 87.002 applies to a
claim for damages made by a claimant other than a convicted person
if:

     (1) the claimant's right to recovery results from a convicted
     person's injury or wrongful death or loss of consortium with
     or loss of companionship; and
     (2) the convicted person's right to recovery would be barred
     under Sect. 87.002.

     Sec. 87.004. CLAIMANT LIABLE FOR COURT COSTS AND FEES AND
ATTORNEY'S FEES. A claimant barred from recovery by this chapter is
liable to pay the defendant's court costs, fees and reasonable
attorney's fees against the claim.

     Sec. 87.005. TRAFFIC LAW VIOLATIONS EXCLUDED. Exempts a claim
arising from an offense defined in the Uniform Act Regulating
Traffic on Highways.

     Sec. 87.006. CONVICTED PERSON. A person is considered
convicted in a case if:

     (1) sentence is imposed; or
     (2) the person receives a fine, probation, or deferred
adjudication.

SECTION 2.  Applies only to conduct that occurs on or after the
effective date.

SECTION 3.  Emergency clause - Effective immediately.

SUMMARY OF COMMITTEE ACTION

H.B. 692 was considered in public hearing by the House Civil
Practices Committee on March 22, 1995. No one testified in support
of, in opposition to or neutrally on the bill. The bill was left
pending. The Civil Practices Committee considered H.B. 692 in
public hearing on April 12, 1995. The committee recommended that
the bill be reported to the House with the recommendation that it
pass and be printed by a record vote of six ayes, zero nays, zero
pnv and three absent.