BILL ANALYSIS


                                                         H.B. 692
                                            By: Culberson (Brown)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

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

PURPOSE

As proposed, H.B. 692 sets forth circumstances under which a
convicted person is authorized to recover damages from injuries
arising from the commission of an offense.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by
adding Chapter 87, as follows:

CHAPTER 87.  LIABILITY FOR CERTAIN INJURIES TO CONVICTED PERSONS

     Sec. 87.001.  DEFINITION.  Defines "claimant."
     
     Sec. 87.002.  RECOVERY OF DAMAGES FOR INJURY TO CONVICTED
     PERSON PROHIBITED.  (a) Prohibits a claimant who has been
     convicted of a felony or misdemeanor (crime) from recovering
     damages for an injury sustained during the commission of a
     crime if the injury would not have been sustained but for the
     commission of the crime.
     
     (b) Provides that Subsection (a) does not bar the claimant
       from recovering damages if the claimant shows that the
       damages arose from an act entirely separate from any act
       intended to result in the prevention of the crime or the
       apprehension of the claimant during or immediately after the
       crime and the damages did not arise from a other
       circumstances that the claimant was exposed to as a result
       of the crime.
     Sec. 87.003.  DERIVATIVE CLAIMS.  Applies Section 87.002 to a
     claim for damages made by a claimant other than a convicted
     person if the claimant's right to recovery results from an
     injury to a convicted person and the convicted person's right
     to recovery would be barred under Section 87.002.
     
     Sec. 87.004.  CLAIMANT LIABLE FOR COURT COSTS AND FEES AND
     ATTORNEY'S FEES.  Provides that a claimant who is barred from
     recovery is liable to the person against whom the claim is
     brought for court costs and fees and attorney's fees incurred
     in defending against the claim.
     
     Sec. 87.005.  TRAFFIC LAW VIOLATIONS EXCLUDED.  Provides that
     this chapter does not apply to a claim arising from an offense
     defined in Article 6701d, V.T.C.S. (Uniform Act Regulating
     Traffic on Highways).
     
     Sec. 87.006.  CONVICTED PERSON.  Sets forth circumstances
     under which a person is considered convicted in a case.
     
     Sec. 87.007.  APPLICABILITY.  Sets forth claims to which this
     chapter does not apply.
     
SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
           Effective date: upon passage.