By Allen H.B. No. 15
74R1269 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the distribution of exemplary damages to the permanent
1-3 school fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 41, Civil Practice and Remedies Code, is
1-6 amended by adding Section 41.010 to read as follows:
1-7 Sec. 41.010. DISTRIBUTION OF AWARD. Notwithstanding any
1-8 contractual agreement between a claimant and the claimant's
1-9 attorney, a court shall order an award of exemplary damages paid as
1-10 follows:
1-11 (1) 15 percent to the claimant;
1-12 (2) 10 percent to the claimant's attorney; and
1-13 (3) 75 percent to the permanent school fund.
1-14 SECTION 2. Section 41.009, Civil Practice and Remedies Code,
1-15 is amended to read as follows:
1-16 Sec. 41.009. PROVISIONS NOT TO BE MADE KNOWN TO JURY. The
1-17 provisions of Sections <Section> 41.007 and 41.010 may not be made
1-18 known to the jury through any means, including voir dire,
1-19 introduction into evidence, or instruction.
1-20 SECTION 3. This Act applies only to a cause of action that
1-21 accrues on or after the effective date of this Act. An action that
1-22 accrues before the effective date of this Act is governed by the
1-23 law in effect at the time the action accrued, and that law is
1-24 continued in effect for that purpose.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.