By Tillery                                            H.B. No. 1621
       74R6296 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the limitation on recovery of exemplary damages.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 41.007, Civil Practice and Remedies Code,
    1-5  is amended to read as follows:
    1-6        Sec. 41.007.  LIMITATION ON AMOUNT OF RECOVERY.  (a)  In an
    1-7  action in which a claimant seeks recovery of exemplary damages, the
    1-8  trier of fact shall determine the amount of economic  damages
    1-9  separately from the amount of other compensatory damages.
   1-10        (b)  Exemplary <Except as provided by Section 41.008,
   1-11  exemplary> damages awarded against a defendant may not exceed an
   1-12  amount equal to the greater of:
   1-13              (1)(A)  two <four> times the amount of economic
   1-14  <actual> damages; plus
   1-15                    (B)  an amount equal to any noneconomic damages
   1-16  found by the jury, not to exceed $750,000;
   1-17              (2)  <or> $200,000; or
   1-18              (3)  an amount that the defendant has benefited from
   1-19  the defendant's act or omission that caused the personal injury,
   1-20  property damages, death, or other harm with respect to which the
   1-21  exemplary damages are awarded<, whichever is greater>.
   1-22        SECTION 2.  Section 41.008, Civil Practice and Remedies Code,
   1-23  is repealed.
   1-24        SECTION 3.  This Act takes effect September 1, 1995, and
    2-1  applies only to a cause of action that accrues on or after that
    2-2  date.  An action that accrued before the effective date of this Act
    2-3  is governed by the law applicable to the action immediately before
    2-4  the effective date of this Act, and that law is continued in effect
    2-5  for that purpose.
    2-6        SECTION 4.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.