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1-23 is repealed.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.