By Brimer                                              H.B. No. 506
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to professional service negligence and comparative
    1-3  responsibility.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (c) of Section 33.001, Chapter 33,
    1-6  Title 2, Civil Practice and Remedies Code, is amended to read as
    1-7  follows:
    1-8        (c)  In an action in which a claimant seeks damages for harm
    1-9  other than personal injury, property damage, or death, arising out
   1-10  of any action grounded in negligence, including but not limited to
   1-11  professional service negligence <relating to any professional
   1-12  services rendered by an architect, attorney, certified public
   1-13  accountant, real estate broker or agent, or engineer licensed by
   1-14  this state>, a claimant may recover damages only if his percentage
   1-15  of responsibility is less than or equal to 50 percent.
   1-16        SECTION 2.  Section 33.011, Chapter 33, Title 2, Civil
   1-17  Practice and Remedies Code, is amended by adding new Subdivisions
   1-18  (6) and (7) to read as follows:
   1-19              (6)  "Professional service defendant" means a
   1-20  defendant:
   1-21                    (A)  against whom a judgment can be entered for
   1-22  at least a portion of the damages awarded to the claimant for harm
   1-23  other than personal injury, property damage, or death; and
    2-1                    (B)  whose liability is based on professional
    2-2  service negligence.
    2-3              (7)  "Professional service negligence" means
    2-4  negligence, including but not limited to negligent
    2-5  misrepresentation, in rendering any service as an architect,
    2-6  lawyer, certified public accountant, real estate broker or agent,
    2-7  or engineer.
    2-8        SECTION 3.  Subsections (b) and (c) of Section 33.013,
    2-9  Chapter 33, Title 2, Civil Practice and Remedies Code, are amended
   2-10  to read as follows:
   2-11        (b)  Notwithstanding Subsection (a), each liable defendant,
   2-12  other than a professional service defendant, is, in addition to his
   2-13  liability under Subsection (a), jointly and severally liable for
   2-14  the damages recoverable by the claimant under Section 33.012 with
   2-15  respect to a cause of action if:
   2-16              (1)  the percentage of responsibility attributed to the
   2-17  defendant is greater than 20 percent; and
   2-18              (2)  only for a negligence action pursuant to Section
   2-19  33.001(a) or (c), the percentage of responsibility attributed to
   2-20  the defendant is greater than the percentage of responsibility
   2-21  attributed to the claimant.
   2-22        (c)  Notwithstanding Subsection (a), each liable defendant,
   2-23  other than a professional service defendant, is, in addition to his
   2-24  liability under Subsection (a), jointly and severally liable for
   2-25  the damages recoverable by the claimant under Section 33.012 with
    3-1  respect to a cause of action if:
    3-2              (1)  no percentage of responsibility is attributed to
    3-3  the claimant and the percentage of responsibility attributed to the
    3-4  defendant is greater than 10 percent; or
    3-5              (2)  the claimant's personal injury, property damage,
    3-6  or death is caused by the depositing, discharge, or release into
    3-7  the environment of any hazardous or harmful substance as described
    3-8  in Subdivision (3); or
    3-9              (3)  the claimant's personal injury, property damage,
   3-10  or death resulted from a "toxic tort."  "Toxic tort" means a cause
   3-11  of action in tort or for breach of implied warranty under Chapter
   3-12  2, Business & Commerce Code, arising out of exposure to hazardous
   3-13  chemicals, hazardous wastes, hazardous hydrocarbons, similarly
   3-14  harmful organic or mineral substances, hazardous radiation sources,
   3-15  and other similarly harmful substances (which usually, but need not
   3-16  necessarily, arise in the work place), but not including any "drug"
   3-17  as defined in Section 81.001(3), Civil Practice and Remedies Code.
   3-18        SECTION 4.  This Act shall apply to any claim arising before,
   3-19  on, or after the effective date of this Act; provided, however,
   3-20  that this Act shall not apply to any action that was filed in a
   3-21  court of competent jurisdiction before the effective date of this
   3-22  Act, and the provisions of Sections 33.001, 33.011 and 33.013 of
   3-23  Chapter 33, Title 2, Civil Practice and Remedies Code, in effect
   3-24  immediately prior to the effective date of this Act are continued
   3-25  in full force and effect solely for the purposes of determining the
    4-1  rights and liabilities of the parties to such an action.
    4-2        SECTION 5.  This Act takes effect September 1, 1995.
    4-3        SECTION 6.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative necessity that the constitutional rule
    4-6  requiring bills to be read on three several days in each house be
    4-7  suspended, and this rule is hereby suspended.