By Sibley                                               S.B. No. 29
       74R3373 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to tort reform.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4                           ARTICLE I.  VENUE
    1-5        SECTION 1.01.  Section 15.001, Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        Sec. 15.001.  VENUE:  GENERAL RULE.  Except as otherwise
    1-8  provided by this subchapter or Subchapter B or C, all lawsuits
    1-9  shall be brought:
   1-10              (1)  in the county in which all or part of the cause of
   1-11  action accrued; <or>
   1-12              (2)  in the county of defendant's residence if
   1-13  defendant is a natural person; or
   1-14              (3)  in the county of the defendant's principal place
   1-15  of business in this state, if the defendant is not a natural
   1-16  person.
   1-17        SECTION 1.02.  Subchapter B, Chapter 15, Civil Practice and
   1-18  Remedies Code, is amended by adding Section 15.018 to read as
   1-19  follows:
   1-20        Sec. 15.018.  JOINDER OF DEFENDANTS.  (a)  Except as provided
   1-21  by Subsection (b), if two or more parties are joined as defendants
   1-22  in the same action, the action shall be brought in the county in
   1-23  which all or part of the cause of action accrued.
   1-24        (b)  If venue under Sections 15.001(2) and (3) for each
    2-1  defendant joined in the action is in the same county, the action
    2-2  may be brought in that county.
    2-3        (c)  This section does not apply to an action governed by
    2-4  another section of this subchapter.
    2-5        SECTION 1.03.  Sections 15.032 and 15.033, Civil Practice and
    2-6  Remedies Code, are amended to read as follows:
    2-7        Sec. 15.032.  INSURANCE.  Suit against fire, marine, or
    2-8  inland insurance companies may also be commenced in any county in
    2-9  which the insured property was situated.  A suit on a policy may be
   2-10  brought against any life insurance company, or accident insurance
   2-11  company, or life and accident, or health and accident, or life,
   2-12  health, and accident insurance company in the county in which the
   2-13  company's principal place of business in this state <home office of
   2-14  the company> is located or in the county in which the loss has
   2-15  occurred or in which the policyholder or beneficiary instituting
   2-16  the suit resided at the time the cause of action accrued <resides>.
   2-17        Sec. 15.033.  BREACH OF WARRANTY BY MANUFACTURER.  A suit for
   2-18  breach of warranty by a manufacturer of consumer goods may be
   2-19  brought in the <any> county in which the manufacturer's principal
   2-20  place of business in this state is located <in which all or a part
   2-21  of the cause of action accrued, in any county in which the
   2-22  manufacturer may have an agency or representative, in the county in
   2-23  which the principal office of the company may be situated,> or in
   2-24  the county in which the plaintiff resided at the time the cause of
   2-25  action accrued <or plaintiffs reside>.
   2-26        SECTION 1.04.  Section 15.035, Civil Practice and Remedies
   2-27  Code, is amended by amending Subsection (a) and adding Subsection
    3-1  (c) to read as follows:
    3-2        (a)  Except as provided by Subsection (b), if a party
    3-3  <person> has contracted in writing to perform an obligation in a
    3-4  particular county, expressly naming the county or a definite place
    3-5  in that county by that writing, suit on or by reason of the
    3-6  obligation may be brought against that party <him> either in:
    3-7              (1)  that county;
    3-8              (2)  <or in> the county of defendant's residence if
    3-9  defendant is a natural person; or
   3-10              (3)  in the county of the defendant's principal place
   3-11  of business in this state, if the defendant is not a natural person
   3-12  <in which the defendant has his domicile>.
   3-13        (c)  The parties to a written contract may agree in writing
   3-14  to exclusive venue in the county of the residence or principal
   3-15  place of business of either party or in the county in which the
   3-16  contract is to be performed.  An agreement under this subsection
   3-17  must appear in a conspicuous place and in a conspicuous manner in
   3-18  the contract.  This subsection does not apply to a contract arising
   3-19  out of or based on a consumer obligation or consumer transaction
   3-20  for goods, a service, a loan, or an extension of credit intended
   3-21  primarily for personal, family, household, or agricultural use.
   3-22        SECTION 1.05.  Subchapter C, Chapter 15, Civil Practice and
   3-23  Remedies Code, is amended by adding Section 15.041 to read as
   3-24  follows:
   3-25        Sec. 15.041.  LIBEL, SLANDER, OR INVASION OF PRIVACY.  A suit
   3-26  for damages for libel, slander, or invasion of privacy may be
   3-27  brought in the county in which the plaintiff resided at the time
    4-1  the cause of action accrued.
    4-2        SECTION 1.06.  Section 15.061, Civil Practice and Remedies
    4-3  Code, is amended to read as follows:
    4-4        Sec. 15.061.  JOINDER OF <DEFENDANTS OR> CLAIMS.  (a)  Two
    4-5  <When two> or more <parties are joined as defendants in the same
    4-6  action or two or more> claims or causes of action may be <are>
    4-7  properly joined in one action only if:
    4-8              (1)  the claims or causes of action arose, in whole or
    4-9  in part, in the same county; and
   4-10              (2)  venue as to each defendant for each claim or cause
   4-11  of action under Sections 15.001(2) and (3) is in the same county.
   4-12        (b)  Notwithstanding Subsection (a), a claim or cause of
   4-13  action that <and the court has venue of an action or claim against
   4-14  any one defendant, the court also has venue of all claims or
   4-15  actions against all defendants unless one or more of the claims or
   4-16  causes of action> is governed by one of the provisions of
   4-17  Subchapter B requiring transfer of the claim or cause of action
   4-18  shall be transferred, on proper objection, to the mandatory county.
   4-19        SECTION 1.07.  Chapter 15, Civil Practice and Remedies Code,
   4-20  is amended by adding Subchapter F to read as follows:
   4-21             SUBCHAPTER F.  TRANSFER OF MULTI-COUNTY CASES
   4-22        Sec. 15.121.  DEFINITION.  In this subchapter, "panel" means
   4-23  the judicial panel on multi-county litigation.
   4-24        Sec. 15.122.  TRANSFER AUTHORIZED FOR COORDINATED AND
   4-25  CONSOLIDATED PRETRIAL PROCEEDINGS.  (a)  The judicial panel on
   4-26  multi-county litigation may transfer one or more civil actions to
   4-27  another county for coordinated or consolidated pretrial proceedings
    5-1  as provided by this subchapter.
    5-2        (b)  The panel may not transfer an action under this section
    5-3  unless:
    5-4              (1)  the action involves a question of fact common to
    5-5  another action pending in the county to which the action is to be
    5-6  transferred; and
    5-7              (2)  the panel finds that transfer of the action would
    5-8  be for the convenience of the parties and witnesses and would
    5-9  promote the just and efficient conduct of the action.
   5-10        Sec. 15.123.  TRANSFER FOR CONVENIENCE OF PARTIES.  The panel
   5-11  may transfer as provided by this subchapter an action to another
   5-12  county in which the action may have been brought for the
   5-13  convenience of the parties and witnesses and in the interest of
   5-14  justice.
   5-15        Sec. 15.124.  TRANSFER PROCEEDINGS; HEARING.  (a)  A party to
   5-16  an action may file a motion with the panel requesting transfer
   5-17  under this subchapter.  The party must file a copy of the motion in
   5-18  the court in which the action to be transferred is pending.
   5-19        (b)  The panel shall hold a hearing to determine whether to
   5-20  order the transfer of the action.
   5-21        (c)  The panel shall notify each party in each action that
   5-22  may be affected by the transfer that the panel has received a
   5-23  motion to transfer an action under this subchapter.  The notice
   5-24  must state the time and place of the hearing.
   5-25        (d)  A party to an action that may be affected by the
   5-26  transfer may offer evidence relevant to whether the transfer should
   5-27  be made.
    6-1        (e)  The panel's order must be supported by findings of fact
    6-2  and conclusions of law based on the record of the hearing.
    6-3        Sec. 15.125.  FILING OF ORDER.  (a)  The panel's order
    6-4  transferring an action is effective at the time it is filed in the
    6-5  office of the clerk of the court to which the action is being
    6-6  transferred.
    6-7        (b)  The clerk of the court shall, not later than the fifth
    6-8  day after the date the order is filed, transmit a certified copy of
    6-9  the panel's order to each court from which an action is being
   6-10  transferred.
   6-11        (c)  The panel shall file an order of the panel denying a
   6-12  motion to transfer an action in the court in which the action is
   6-13  pending.
   6-14        (d)  The panel shall file a copy of any order of the panel,
   6-15  including an order to set a hearing, in the office of the clerk of
   6-16  the court in which a transfer hearing is to be or has been held.
   6-17        Sec. 15.126.  JUDGE FOR COORDINATED OR CONSOLIDATED PRETRIAL
   6-18  PROCEEDINGS.  The panel shall assign one or more judges of the
   6-19  appropriate court in the county in which coordinated or
   6-20  consolidated pretrial proceedings are to be conducted to conduct
   6-21  the proceedings.
   6-22        Sec. 15.127.  REMAND TO ORIGINATING COUNTY.  (a)  The panel
   6-23  shall remand an action transferred under Section 15.122 to the
   6-24  county in which it originated not later than the conclusion of the
   6-25  pretrial proceedings.
   6-26        (b)  The panel may separate a claim, cross-claim,
   6-27  counterclaim, or third-party claim from the action and remand that
    7-1  claim to the originating county before remanding the remainder of
    7-2  the action.
    7-3        (c)  The panel may not remand an action or claim to the
    7-4  originating county after the claim has been settled or otherwise
    7-5  terminated.
    7-6        Sec. 15.128.  REVIEW OF ORDER OF PANEL.  (a)  Review of an
    7-7  order of the panel is by extraordinary writ.
    7-8        (b)  A petition for a writ initially filed in a court of
    7-9  appeals to review an order transferring an action, and any
   7-10  subsequent order of the panel relating to that action, must be
   7-11  filed in the court of appeals that would have jurisdiction of an
   7-12  appeal from the court to which the action is to be transferred.
   7-13        (c)  A petition for a writ initially filed in a court of
   7-14  appeals to review an order of the panel other than an order
   7-15  described by Subsection (b) must be filed in the court with
   7-16  jurisdiction over the district in which the panel is sitting.
   7-17        Sec. 15.129.  MANDAMUS.  The supreme court, a court of
   7-18  appeals, or a justice of the supreme court or a court of appeals
   7-19  may issue a writ of mandamus against the panel and may issue other
   7-20  writs against the panel as necessary.
   7-21        Sec. 15.130.  JUDICIAL PANEL ON MULTI-COUNTY LITIGATION.  (a)
   7-22  The judicial panel on multi-county litigation is appointed by the
   7-23  supreme court and is composed of seven justices and judges selected
   7-24  from the courts of appeals and district courts of this state.  The
   7-25  panel may not include more than two individuals from any court of
   7-26  appeals district.
   7-27        (b)  The members of the panel serve staggered six-year terms
    8-1  expiring February 1 of odd-numbered years.
    8-2        (c)  The supreme court shall fill any vacancy on the panel,
    8-3  including a vacancy caused by a judge on the panel leaving office.
    8-4        (d)  The concurrence of at least four members of the panel is
    8-5  required for any action of the panel.
    8-6        (e)  A member of the panel may not receive compensation for
    8-7  serving as a member of the panel.  The supreme court may reimburse
    8-8  a member of the panel for expenses actually incurred by the member
    8-9  in performing the member's duties.
   8-10        Sec. 15.131.  RULES.  The supreme court may adopt rules
   8-11  governing the operation of the panel as provided by Section 22.004,
   8-12  Government Code.
   8-13        SECTION 1.08.  Sections 15.017, 15.036, 15.037, and 15.040,
   8-14  Civil Practice and Remedies Code, are repealed.
   8-15        SECTION 1.09.  In making the initial appointments to the
   8-16  judicial panel on multi-county litigation under  Subchapter F,
   8-17  Chapter 15, Civil Practice and Remedies Code, as added by this
   8-18  article, the supreme court shall appoint two members for terms
   8-19  expiring February 1, 1997, two members for terms expiring February
   8-20  1, 1999, and three members for terms expiring February 1, 2001.
   8-21                ARTICLE II.  RESPONSIBILITY FOR DAMAGES
   8-22        SECTION 2.01.  Chapter 33, Civil Practice and Remedies Code,
   8-23  is amended to read as follows:
   8-24        CHAPTER 33.  PROPORTIONATE <COMPARATIVE> RESPONSIBILITY
   8-25              <SUBCHAPTER A.  COMPARATIVE RESPONSIBILITY>
   8-26        Sec. 33.001.  DEFINITIONS.  In this chapter:
   8-27              (1)  "Claimant" means a party seeking recovery of
    9-1  damages, including a plaintiff, counterclaimant, cross-claimant, or
    9-2  third-party plaintiff seeking recovery of damages.  In an action in
    9-3  which a party seeks recovery of damages for injury to another
    9-4  person, damage to the property of another person, death of another
    9-5  person, or other harm to another person, "claimant" includes both
    9-6  that other person and the party seeking recovery of damages.
    9-7              (2)  "Defendant" includes any party from whom a
    9-8  claimant seeks recovery of damages at the time of the submission of
    9-9  the case to the trier of fact.
   9-10              (3)  "Liable defendant" means a defendant against whom
   9-11  a judgment can be entered for at least a portion of the damages
   9-12  awarded to the claimant.
   9-13              (4)  "Percentage of responsibility" means that
   9-14  percentage attributed by the trier of fact as provided by Section
   9-15  33.004.
   9-16              (5)  "Settling person" means a person who at the time
   9-17  of submission has paid or promised to pay money or anything of
   9-18  monetary value to a claimant at any time in consideration of
   9-19  potential liability with respect to the harm for which recovery of
   9-20  damages is sought.
   9-21        Sec. 33.002 <33.001>.  PROPORTIONATE <COMPARATIVE>
   9-22  RESPONSIBILITY.  <(a)>  In an action to which this chapter applies
   9-23  under Section 33.003 <recover damages for negligence resulting in
   9-24  personal injury, property damage, or death or an action for
   9-25  products liability grounded in negligence>, a claimant may recover
   9-26  damages only if the claimant's <his> percentage of responsibility
   9-27  is less than or equal to 50 percent.
   10-1        <(b)  In an action to recover damages for personal injury,
   10-2  property damage, or death in which at least one defendant is found
   10-3  liable on a basis of strict tort liability, strict products
   10-4  liability, or breach of warranty under Chapter 2, Business &
   10-5  Commerce Code, a claimant may recover damages only if his
   10-6  percentage of responsibility is less than 60 percent.>
   10-7        <(c)  In an action in which a claimant seeks damages for harm
   10-8  other than personal injury, property damage, or death, arising out
   10-9  of any action grounded in negligence, including but not limited to
  10-10  negligence relating to any professional services rendered by an
  10-11  architect, attorney, certified public accountant, real estate
  10-12  broker or agent, or engineer licensed by this state, a claimant may
  10-13  recover damages only if his percentage of responsibility is less
  10-14  than or equal to 50 percent.>
  10-15        Sec. 33.003 <33.002>.  APPLICABILITY.  (a)  Except as
  10-16  provided by Subsection (b), this chapter applies to any tort,
  10-17  including an action to recover damages for:
  10-18              (1)  negligence resulting in personal injury, property
  10-19  damage, or death;
  10-20              (2)  products liability grounded in negligence;
  10-21              (3)  personal injury, property damage, or death in
  10-22  which at least one defendant is found liable on a basis of strict
  10-23  tort liability, strict products liability, or breach of warranty
  10-24  under Chapter 2, Business & Commerce Code;
  10-25              (4)  harm, other than personal injury, property damage,
  10-26  or death, arising out of any action grounded in negligence,
  10-27  including negligence relating to any professional services rendered
   11-1  by an architect, attorney, certified public accountant, real estate
   11-2  broker or agent, or engineer licensed by this state; or
   11-3              (5)  an intentional act.  <This chapter does not apply
   11-4  to a claim based on an intentional tort or a claim for exemplary
   11-5  damages included in an action to which this chapter otherwise
   11-6  applies.>
   11-7        (b)  This chapter does not apply to:
   11-8              (1)  an action to collect workers' compensation
   11-9  benefits under the workers' compensation laws of this state
  11-10  (Subtitle A, Title 5, Labor Code) <(Article 8306 et seq., Vernon's
  11-11  Texas Civil Statutes)> or actions against an employer for exemplary
  11-12  damages arising out of the death of an employee;
  11-13              (2)  an action brought under the Deceptive Trade
  11-14  Practices-Consumer Protection Act (Subchapter E, Chapter 17,
  11-15  Business & Commerce Code) <except as specifically provided in
  11-16  Section 17.50 of that Act>; <or>
  11-17              (3)  an action brought under Chapter 21, Insurance
  11-18  Code; or
  11-19              (4)  a claim for exemplary damages included in an
  11-20  action to which this chapter applies.
  11-21        Sec. 33.004 <33.003>.  DETERMINATION OF PERCENTAGE OF
  11-22  <COMPARATIVE> RESPONSIBILITY.  The trier of fact, as to each cause
  11-23  of action asserted, shall determine the percentage of
  11-24  responsibility for the following persons with respect to their
  11-25  causing or contributing to cause in any way, including by negligent
  11-26  act or omission, by any defective or unreasonably dangerous
  11-27  product, by other conduct or activity that violates an applicable
   12-1  legal standard, or by any combination of these, the harm for which
   12-2  recovery of damages is sought:
   12-3              (1)  each claimant;
   12-4              (2)  each defendant; <and>
   12-5              (3)  each settling person; and
   12-6              (4)  any other person, subject to Section 33.005,
   12-7  without regard to whether that person was or could have been named
   12-8  as a party to the action.
   12-9        Sec. 33.005.  PERCENTAGE OF RESPONSIBILITY FOR A NONPARTY.
  12-10  (a)  The trier of fact may determine the percentage of
  12-11  responsibility for a person who is not a party to the action or is
  12-12  not a settling person only if the defendant files a pleading in the
  12-13  action stating:
  12-14              (1)  the person's name and last known address or, if
  12-15  the name and address is not known, the best identification of the
  12-16  person that is possible under the circumstances; and
  12-17              (2)  the basis for believing the person to be wholly or
  12-18  partially at fault.
  12-19        (b)  The defendant must file the pleading required by this
  12-20  section not later than the 90th day after the date the defendant is
  12-21  served  process in the action unless the court grants leave to file
  12-22  the pleading at a later time.
  12-23           <Sections 33.004-33.010 reserved for expansion>
  12-24                     <SUBCHAPTER B.  CONTRIBUTION>
  12-25        <Sec. 33.011.  DEFINITIONS.  In this chapter:>
  12-26              <(1)  "Claimant" means a party seeking recovery of
  12-27  damages pursuant to the provisions of Section 33.001, including a
   13-1  plaintiff, counterclaimant, cross-claimant, or third-party
   13-2  plaintiff seeking recovery of damages.  In an action in which a
   13-3  party seeks recovery of damages for injury to another person,
   13-4  damage to the property of another person, death of another person,
   13-5  or other harm to another person, "claimant" includes both that
   13-6  other person and the party seeking recovery of damages pursuant to
   13-7  the provisions of Section 33.001.>
   13-8              <(2)  "Defendant" includes any party from whom a
   13-9  claimant seeks recovery of damages pursuant to the provisions of
  13-10  Section 33.001 at the time of the submission of the case to the
  13-11  trier of fact.>
  13-12              <(3)  "Liable defendant" means a defendant against whom
  13-13  a judgment can be entered for at least a portion of the damages
  13-14  awarded to the claimant.>
  13-15              <(4)  "Percentage of responsibility" means that
  13-16  percentage attributed by the trier of fact to each claimant, each
  13-17  defendant, or each settling person with respect to causing or
  13-18  contributing to cause in any way, whether by negligent act or
  13-19  omission, by any defective or unreasonably dangerous product, by
  13-20  other conduct or activity violative of the applicable legal
  13-21  standard, or by any combination of the foregoing, the personal
  13-22  injury, property damage, death, or other harm for which recovery of
  13-23  damages is sought.>
  13-24              <(5)  "Settling person" means a person who at the time
  13-25  of submission has paid or promised to pay money or anything of
  13-26  monetary value to a claimant at any time in consideration of
  13-27  potential liability pursuant to the provisions of Section 33.001
   14-1  with respect to the personal injury, property damage, death, or
   14-2  other harm for which recovery of damages is sought.>
   14-3        <Sec. 33.012.  AMOUNT OF RECOVERY.  (a)  If the claimant is
   14-4  not barred from recovery under Section 33.001, the court shall
   14-5  reduce the amount of damages to be recovered by the claimant with
   14-6  respect to a cause of action by a percentage equal to the
   14-7  claimant's percentage of responsibility.>
   14-8        <(b)  If the claimant has settled with one or more persons,
   14-9  the court shall further reduce the amount of damages to be
  14-10  recovered by the claimant with respect to a cause of action by a
  14-11  credit equal to one of the following, as elected in accordance with
  14-12  Section 33.014:>
  14-13              <(1)  the sum of the dollar amounts of all settlements;
  14-14  or>
  14-15              <(2)  a dollar amount equal to the sum of the following
  14-16  percentages of damages found by the trier of fact:>
  14-17                    <(A)  5 percent of those damages up to $200,000;>
  14-18                    <(B)  10 percent of those damages from $200,001
  14-19  to $400,000;>
  14-20                    <(C)  15 percent of those damages from $400,001
  14-21  to $500,000; and>
  14-22                    <(D)  20 percent of those damages greater than
  14-23  $500,000.>
  14-24        <(c)  The amount of damages recoverable by the claimant may
  14-25  only be reduced once by the credit provided for in Subsection (b).>
  14-26        Sec. 33.006 <33.013>.  Amount of Liability.  (a)  This
  14-27  section applies only if a claimant is not barred from recovery
   15-1  under Section 33.002.
   15-2        (b)  A <Except as provided in Subsections (b) and (c), a>
   15-3  liable defendant is liable to a claimant only for an amount of
   15-4  damages calculated by multiplying the total amount of the
   15-5  claimant's damages as found by the trier of fact by the defendant's
   15-6  percentage of responsibility as found by the trier of fact.
   15-7        (c)  A court may not enter a judgment against a liable
   15-8  defendant that results in the defendant's being jointly liable for
   15-9  the claimant's damages.  <the percentage of the damages found by
  15-10  the trier of fact equal to that defendant's percentage of
  15-11  responsibility with respect to the personal injury, property
  15-12  damage, death, or other harm for which the damages are allowed.>
  15-13        <(b)  Notwithstanding Subsection (a), each liable defendant
  15-14  is, in addition to his liability under Subsection (a), jointly and
  15-15  severally liable for the damages recoverable by the claimant under
  15-16  Section 33.012 with respect to a cause of action if:>
  15-17              <(1)  the percentage of responsibility attributed to
  15-18  the defendant is greater than 20 percent; and>
  15-19              <(2)  only for a negligence action pursuant to Section
  15-20  33.001(a) or (c), the percentage of responsibility attributed to
  15-21  the defendant is greater than the percentage of responsibility
  15-22  attributed to the claimant.>
  15-23        <(c)  Notwithstanding Subsection (a), each liable defendant
  15-24  is, in addition to his liability under Subsection (a), jointly and
  15-25  severally liable for the damages recoverable by the claimant under
  15-26  Section 33.012 with respect to a cause of action if:>
  15-27              <(1)  no percentage of responsibility is attributed to
   16-1  the claimant and the percentage of responsibility attributed to the
   16-2  defendant is greater than 10 percent; or>
   16-3              <(2)  the claimant's personal injury, property damage,
   16-4  or death is caused by the depositing, discharge, or release into
   16-5  the environment of any hazardous or harmful substance as described
   16-6  in Subdivision (3); or>
   16-7              <(3)  the claimant's personal injury, property damage,
   16-8  or death resulted from a "toxic tort."  "Toxic tort" means a cause
   16-9  of action in tort or for breach of implied warranty under Chapter
  16-10  2, Business & Commerce Code, arising out of exposure to hazardous
  16-11  chemicals, hazardous wastes, hazardous hydrocarbons, similarly
  16-12  harmful organic or mineral substances, hazardous radiation sources,
  16-13  and other similarly harmful substances (which usually, but need not
  16-14  necessarily, arise in the work place), but not including any "drug"
  16-15  as defined in Section 81.001(3), Civil Practice and Remedies Code.>
  16-16        (d)  This section does not create a cause of action.
  16-17        <Sec. 33.014.  ELECTION OF CREDIT FOR SETTLEMENTS.  (a)  If a
  16-18  claimant has settled with one or more persons, an election must be
  16-19  made as to which dollar credit is to be applied under Section
  16-20  33.012(b).  This election shall be made by any defendant filing a
  16-21  written election before the issues of the action are submitted to
  16-22  the trier of fact and, when made, shall be binding on all
  16-23  defendants.  If no defendant makes this election or if conflicting
  16-24  elections are made, all defendants are considered to have elected
  16-25  Subdivision (2) of Section 33.012(b).>
  16-26        <Sec. 33.015.  CONTRIBUTION.  (a)  If a defendant who is
  16-27  jointly and severally liable under Section 33.013 pays a percentage
   17-1  of the damages for which the defendant is jointly and severally
   17-2  liable greater than his percentage of responsibility, that
   17-3  defendant has a right of contribution for the overpayment against
   17-4  each other liable defendant to the extent that the other liable
   17-5  defendant has not paid the percentage of the damages found by the
   17-6  trier of fact equal to that other defendant's percentage of
   17-7  responsibility.>
   17-8        <(b)  As among themselves, each of the defendants who is
   17-9  jointly and severally liable under Section 33.013 is liable for the
  17-10  damages recoverable by the claimant under Section 33.012 in
  17-11  proportion to his respective percentage of responsibility.  If a
  17-12  defendant who is jointly and severally liable pays a larger
  17-13  proportion of those damages than is required by his percentage of
  17-14  responsibility, that defendant has a right of contribution for the
  17-15  overpayment against each other defendant with whom he is jointly
  17-16  and severally liable under Section 33.013 to the extent that the
  17-17  other defendant has not paid the proportion of those damages
  17-18  required by that other defendant's percentage of responsibility.>
  17-19        <(c)  If for any reason a liable defendant does not pay or
  17-20  contribute the portion of the damages required by his percentage of
  17-21  responsibility, the amount of the damages not paid or contributed
  17-22  by that defendant shall be paid or contributed by the remaining
  17-23  defendants who are jointly and severally liable for those damages.
  17-24  The additional amount to be paid or contributed by each of the
  17-25  defendants who is jointly and severally liable for those damages
  17-26  shall be in proportion to his respective percentage of
  17-27  responsibility.>
   18-1        <(d)  No defendant has a right of contribution against any
   18-2  settling person.>
   18-3        <Sec. 33.016.  CLAIM AGAINST CONTRIBUTION DEFENDANT.  (a)  In
   18-4  this section, "contribution defendant" means any defendant, counter
   18-5  defendant, or third-party defendant from whom any party seeks
   18-6  contribution with respect to any portion of damages for which that
   18-7  party may be liable, but from whom the claimant seeks no relief at
   18-8  the time of submission.>
   18-9        <(b)  Each liable defendant is entitled to contribution from
  18-10  each person who is not a settling person and who is liable to the
  18-11  claimant for a percentage of responsibility but from whom the
  18-12  claimant seeks no relief at the time of submission.  A party may
  18-13  assert this contribution right against any such person as a
  18-14  contribution defendant in the claimant's action.>
  18-15        <(c)  The trier of fact shall determine as a separate issue
  18-16  or finding of fact the percentage of responsibility with respect to
  18-17  each contribution defendant and these findings shall be solely for
  18-18  purposes of this section and Section 33.015 and not as a part of
  18-19  the percentages of responsibility determined under Section 33.003.
  18-20  Only the percentage of responsibility of each defendant and
  18-21  contribution defendant shall be included in this determination.>
  18-22        <(d)  As among liable defendants, including each defendant
  18-23  who is jointly and severally liable under Section 33.013, each
  18-24  contribution defendant's percentage of responsibility is to be
  18-25  included for all purposes of Section 33.015.  The amount to be
  18-26  contributed by each contribution defendant pursuant to Section
  18-27  33.015 shall be in proportion to his respective percentage of
   19-1  responsibility relative to the sum of percentages of responsibility
   19-2  of all liable defendants and liable contribution defendants.>
   19-3        SECTION 2.02.  Section 32.001, Civil  Practice and Remedies
   19-4  Code, is amended by adding Subsection (c) to read as follows:
   19-5        (c)  This chapter does not apply to an action to which
   19-6  Chapter 33 applies.
   19-7                    ARTICLE III.  EXEMPLARY DAMAGES
   19-8        SECTION 3.01.  Chapter 41, Civil Practice and Remedies Code,
   19-9  is amended to read as follows:
  19-10                    CHAPTER 41.  EXEMPLARY DAMAGES
  19-11        Sec. 41.001.  DEFINITIONS.  In this chapter:
  19-12              (1)  "Claimant" means a party, including a plaintiff,
  19-13  counterclaimant, cross-claimant, or third-party plaintiff, seeking
  19-14  recovery of exemplary damages.  In a cause of action in which a
  19-15  party seeks recovery of exemplary damages related to injury to
  19-16  another person, damage to the property of another person, death of
  19-17  another person, or other harm to another person, "claimant"
  19-18  includes both that other person and the party seeking recovery of
  19-19  exemplary damages.
  19-20              (2)  "Defendant" means a party, including a
  19-21  counterdefendant, cross-defendant, or third-party defendant, from
  19-22  whom a claimant seeks relief with respect to exemplary damages.
  19-23              (3)  "Economic damages" means compensatory damages for
  19-24  pecuniary loss.  The term does not include exemplary damages or
  19-25  damages for physical pain and suffering, mental anguish and
  19-26  suffering, loss of consortium, and disfigurement.
  19-27              (4)  "Exemplary damages" means any damages awarded as
   20-1  <an example to others, as> a penalty<,> or by way of punishment.
   20-2  "Exemplary damages" includes punitive damages.
   20-3              (5) <(4)>  "Fraud" means fraud other than constructive
   20-4  fraud.
   20-5              <(5)  "Gross negligence" means more than momentary
   20-6  thoughtlessness, inadvertence, or error of judgment.  It means such
   20-7  an entire want of care as to establish that the act or omission was
   20-8  the result of actual conscious indifference to the rights, safety,
   20-9  or welfare of the person affected.>
  20-10              (6)  "Malice" means:
  20-11                    (A)  a specific intent <conduct that is
  20-12  specifically intended> by the defendant to cause substantial injury
  20-13  to the claimant; or
  20-14                    (B)  <an act that is carried out by the defendant
  20-15  with a> flagrant disregard by the defendant for the rights of
  20-16  others and <with> actual awareness on the part of the defendant
  20-17  that the act or omission will, in reasonable probability, result in
  20-18  human death, great bodily injury <harm>, or property damage.
  20-19        Sec. 41.002.  APPLICABILITY.  (a)  This chapter applies to
  20-20  any <an> action in which a claimant seeks exemplary damages
  20-21  relating to a cause of action <as defined by Section 33.001>.
  20-22        (b)  This chapter establishes the maximum exemplary damages
  20-23  that may be awarded in an action subject to this chapter, including
  20-24  an action for which exemplary damages are awarded under another law
  20-25  of this state.  This chapter does not apply to the extent another
  20-26  law establishes a lower maximum amount of exemplary damages for a
  20-27  particular claim<:>
   21-1              <(1)  an action brought under the Deceptive Trade
   21-2  Practices-Consumer Protection Act (Subchapter E, Chapter 17,
   21-3  Business & Commerce Code)  except as specifically provided in
   21-4  Section 17.50 of that Act;>
   21-5              <(2)  an action brought under Chapter 21, Insurance
   21-6  Code;>
   21-7              <(3)  an action brought under the workers' compensation
   21-8  laws of this state (Article 8306 et seq., Revised Statutes);>
   21-9              <(4)  an action to recover exemplary damages against an
  21-10  employer by the employee's beneficiaries in a death action arising
  21-11  out of the course and scope of employment where the employer is a
  21-12  subscriber under the workers' compensation laws of this state
  21-13  (Article 8306 et seq., Revised Statutes);>
  21-14              <(5)  an action brought under Chapter 246, Acts of the
  21-15  63rd Legislature, Regular Session, 1973, Home Solicitation
  21-16  Transactions (Article 5069-13.01 et seq., Vernon's Texas Civil
  21-17  Statutes);>
  21-18              <(6)  an action brought under Chapter 547, Acts of the
  21-19  63rd Legislature, Regular Session, 1973, Debt Collection Practices
  21-20  (Article 5069-11.01 et seq., Vernon's Texas Civil Statutes);>
  21-21              <(7)  an action brought under Chapter 54, 91, or 92,
  21-22  Property Code;>
  21-23              <(8)  an action brought under the Texas Manufactured
  21-24  Housing Standards Act (Article 5221f, Vernon's Texas Civil
  21-25  Statutes);>
  21-26              <(9)  an action brought under the Texas Motor Vehicle
  21-27  Commission Code (Article 4413(36), Vernon's Texas Civil Statutes);>
   22-1              <(10)  an action brought under the Texas Proprietary
   22-2  School Act, Chapter 32, Education Code;>
   22-3              <(11)  an action brought under Section 9.507 or Section
   22-4  2.01, Business & Commerce Code;>
   22-5              <(12)  an action brought under Chapter 36, Family Code;>
   22-6              <(13)  an action brought under the Health Spa Act
   22-7  (Article 5221l, Vernon's Texas Civil Statutes);>
   22-8              <(14)  an action brought under the Business Opportunity
   22-9  Act (Article 5069-16.01 et seq., Vernon's Texas Civil Statutes); or>
  22-10              <(15)  an action brought under the Texas Timeshare Act
  22-11  (Article 6573c, Vernon's Texas Civil Statutes)>.
  22-12        (c)  Except as provided by Subsection (b), in <In> an action
  22-13  to which this chapter applies, the provisions of this chapter
  22-14  prevail over all other law to the extent of any conflict.
  22-15        Sec. 41.003.  STANDARDS FOR RECOVERY OF EXEMPLARY DAMAGES.
  22-16  (a)  Except as provided by Subsection (c), exemplary <Exemplary>
  22-17  damages may be awarded only if the claimant proves that the
  22-18  <personal injury, property damage, death, or other> harm with
  22-19  respect to which the claimant seeks recovery of exemplary damages
  22-20  results from:
  22-21              (1)  fraud; or
  22-22              (2)  malice<; or>
  22-23              <(3)  gross negligence>.
  22-24        (b)  The claimant must prove the elements of exemplary
  22-25  damages as provided by this section beyond a reasonable doubt
  22-26  <Subsection (a)(1), (a)(2), or (a)(3)>.  This burden of proof may
  22-27  not be shifted to the defendant or satisfied by evidence of
   23-1  ordinary negligence, bad faith, or a deceptive trade practice.
   23-2        (c)  If the claimant relies on a statute establishing a cause
   23-3  of action and authorizing exemplary damages in specified
   23-4  circumstances or in conjunction with a specified culpable mental
   23-5  state, exemplary damages may be awarded only if the claimant proves
   23-6  beyond a reasonable doubt that the damages result from the
   23-7  specified circumstances or culpable mental state.
   23-8        Sec. 41.004.  FACTORS PRECLUDING RECOVERY.  (a)  Except as
   23-9  provided by Subsection (b), exemplary <Exemplary> damages may be
  23-10  awarded only if damages other than nominal damages are awarded.
  23-11        (b)  A claimant may recover exemplary damages, even if only
  23-12  nominal damages are awarded, if the claimant establishes, beyond a
  23-13  reasonable doubt, that the harm with respect to which the claimant
  23-14  seeks recovery of exemplary damages results from malice.
  23-15  <Exemplary damages may not be awarded to a claimant who elects to
  23-16  have his recovery multiplied under another statute.>
  23-17        Sec. 41.005.  MULTIPLE AWARDS AGAINST DEFENDANT.  (a)  Except
  23-18  as provided by Subsection (d), a court may not award exemplary
  23-19  damages to a claimant if:
  23-20              (1)  exemplary damages have been previously awarded
  23-21  against the defendant by a court; and
  23-22              (2)  the harm with respect to which the claimant seeks
  23-23  recovery of exemplary damages resulted from the same act or course
  23-24  of conduct that formed the basis of the previous exemplary damage
  23-25  award.
  23-26        (b)  On request of a defendant, the court shall conduct a
  23-27  pretrial hearing at which the defendant may present evidence that
   24-1  exemplary damages have been previously awarded against the
   24-2  defendant for the same act or course of conduct that formed the
   24-3  basis of the action.
   24-4        (c)  Except as provided by Subsection (d), if the defendant
   24-5  at the pretrial hearing presents prima facie evidence of a previous
   24-6  award of exemplary damages as described by Subsection (a), the
   24-7  claimant may not present a claim for exemplary damages during the
   24-8  trial of the action.
   24-9        (d)  Subsections (a) and (c) do not apply if the claimant
  24-10  establishes at the pretrial hearing that:
  24-11              (1)  substantial evidence of malice, fraud, or other
  24-12  circumstances or culpable mental state described by Section
  24-13  41.003(c) relating to the act or course of conduct exists; and
  24-14              (2)  that evidence was not available at the time the
  24-15  previous exemplary damage award was entered.
  24-16        (e)  If the claimant makes the showing required by Subsection
  24-17  (d), the court shall reduce the amount of exemplary damages awarded
  24-18  to the claimant, if any, by the amount of all previous exemplary
  24-19  damage awards against the defendant based on the same act or course
  24-20  of conduct.
  24-21        (f)  For purposes of this section, the manufacture of
  24-22  multiple identical individual units of a product line is a single
  24-23  act or course of conduct.
  24-24        Sec. 41.006.  HARM RESULTING FROM REGULATED ACTIVITY.  (a)
  24-25  Except as provided by Subsections (b) and (c), a court may not
  24-26  award a claimant exemplary damages if the harm with respect to
  24-27  which the claimant seeks recovery of exemplary damages results
   25-1  from:
   25-2              (1)  conduct or a product that is subject to regulation
   25-3  by an agency of this state or the United States; or
   25-4              (2)  a product whose design, formulation, testing,
   25-5  packaging, labeling, or warning was approved or certified before
   25-6  sale by an agency of this state or the United States.
   25-7        (b)  A court may award a claimant exemplary damages in the
   25-8  circumstances described by Subsection (a)(1) if the claimant proves
   25-9  that the defendant did not comply with applicable regulations
  25-10  promulgated by the regulating agency.
  25-11        (c)  Subsection (a) does not apply if the claimant proves
  25-12  that the defendant:
  25-13              (1)  knowingly and in violation of law withheld or
  25-14  misrepresented material information required to be submitted to the
  25-15  regulating agency; or
  25-16              (2)  made an illegal payment to an official of the
  25-17  regulating agency to secure approval of the conduct or product in
  25-18  question.
  25-19        Sec. 41.007.  HARM RESULTING FROM CRIMINAL ACT.  In an action
  25-20  arising from harm resulting from an assault, theft, or another
  25-21  criminal act, a court may not award exemplary damages against an
  25-22  owner or occupier of real property for failing to prevent another
  25-23  person from committing the criminal act.
  25-24        Sec. 41.008.  AWARD SPECIFIC TO DEFENDANT.  In any action in
  25-25  which there are two or more defendants, an award of exemplary
  25-26  damages must be specific as to a defendant, and each defendant is
  25-27  liable only for the amount of the award made against that
   26-1  defendant.
   26-2        Sec. 41.009 <Sec. 41.006>.  PREJUDGMENT INTEREST.
   26-3  Prejudgment interest may not be assessed or recovered on an award
   26-4  of exemplary damages.
   26-5        Sec. 41.010 <Sec. 41.007>.  LIMITATION ON AMOUNT OF RECOVERY.
   26-6  (a)  In an action in which a claimant seeks recovery of exemplary
   26-7  damages, the trier of fact shall determine the amount of economic
   26-8  damages separately from the amount of other compensatory damages.
   26-9        (b)  Except as provided by Subsection (c) <Section 41.008>,
  26-10  exemplary damages awarded against a defendant may not exceed two
  26-11  <four> times the amount of actual damages or $200,000, whichever is
  26-12  greater.
  26-13        (c)  In an action in which the trier of fact finds that the
  26-14  harm with respect to which the claimant seeks exemplary damages
  26-15  results from malice, exemplary damages awarded against a defendant
  26-16  may not exceed four times the amount of actual damages or $200,000,
  26-17  whichever is greater.
  26-18        (d)  The provisions of Subsections (b) and (c) may not be
  26-19  made known to a jury by any means, including voir dire,
  26-20  introduction into evidence, argument, or instruction.
  26-21        Sec. 41.011.  BIFURCATED TRIAL.  (a)  On motion by a party,
  26-22  the court shall provide for a bifurcated trial under this section.
  26-23        (b)  In the first phase of a bifurcated trial, the trier of
  26-24  fact shall determine:
  26-25              (1)  liability for compensatory and exemplary damages;
  26-26  and
  26-27              (2)  the amount of compensatory damages.
   27-1        (c)  If liability for exemplary damages is established during
   27-2  the first phase of a bifurcated trial, the trier of fact shall, in
   27-3  the second phase of the trial, determine the amount of exemplary
   27-4  damages to be awarded, if any.
   27-5        (d)  Evidence that is relevant only to the amount of
   27-6  exemplary damages that may be awarded is not admissible during the
   27-7  first phase of a bifurcated trial.
   27-8        Sec. 41.012.  UNANIMOUS JURY.  In a trial to a jury,
   27-9  exemplary damages may not be awarded unless the jury unanimously
  27-10  finds that the defendant is liable for exemplary damages in
  27-11  accordance with Section 41.003.
  27-12        Sec. 41.013.  CONSIDERATIONS IN MAKING AWARD.  (a)  Before
  27-13  making an award of exemplary damages, the trier of fact shall
  27-14  consider the definition and purposes of exemplary damages as
  27-15  provided by Section 41.001.
  27-16        (b)  The determination of whether to award exemplary damages
  27-17  and the amount of exemplary damages to be awarded is within the
  27-18  discretion of the trier of fact.
  27-19        Sec. 41.014.  EVIDENCE RELATING TO AMOUNT OF EXEMPLARY
  27-20  DAMAGES.  (a)  In determining the amount of exemplary damages, the
  27-21  trier of fact may only consider evidence relating to:
  27-22              (1)  the reprehensibility of the defendant's motives;
  27-23              (2)  the likelihood, at the time of the conduct, of
  27-24  serious harm;
  27-25              (3)  the defendant's awareness of the likelihood of
  27-26  serious harm;
  27-27              (4)  the duration of the conduct; and
   28-1              (5)  the harm suffered by the claimant.
   28-2        (b)  In determining the amount of exemplary damages, the
   28-3  trier of fact may not consider evidence relating to the defendant's
   28-4  wealth or ability to pay, including the defendant's net worth and
   28-5  gross or net revenues.
   28-6        Sec. 41.015.  JURY INSTRUCTIONS. In a trial to a jury, the
   28-7  court shall instruct the jury with regard to Sections 41.013 and
   28-8  41.014(a).
   28-9        Sec. 41.016.  JUDICIAL REVIEW OF AWARD.  An appellate court
  28-10  that reviews the evidence with respect to a finding by a trier of
  28-11  fact concerning liability for exemplary damages or with respect to
  28-12  the amount of exemplary damages awarded shall state, in a written
  28-13  opinion, the court's reasons for upholding or disturbing the
  28-14  finding or award.  The written opinion must address the evidence or
  28-15  lack of evidence with specificity,  as it relates to the liability
  28-16  for or amount of exemplary damages, in light of the requirements of
  28-17  this chapter.
  28-18        <Sec. 41.008.  EXCEPTION. Section 41.007 does not apply to
  28-19  exemplary damages resulting from malice as defined by Section
  28-20  41.001(6)(A) or to an intentional tort>.
  28-21        <Sec. 41.009.  PROVISIONS NOT TO BE MADE KNOWN TO JURY.  The
  28-22  provisions of Section 41.007 may not be made known to the jury
  28-23  through any means, including voir dire, introduction into evidence,
  28-24  or instruction.>
  28-25        SECTION 3.02.  This article  applies only to a cause of
  28-26  action that commences on or after the effective date of this Act.
  28-27  An action that commenced before the effective date of this Act is
   29-1  governed by the law applicable to the action as it existed
   29-2  immediately before the effective date of this Act, and that law is
   29-3  continued in effect for that purpose.
   29-4                  ARTICLE IV.  REMEDIES FOR DECEPTIVE
   29-5                            TRADE PRACTICES
   29-6        SECTION 4.01.  Sections 17.42, 17.43, and 17.44, Business &
   29-7  Commerce Code, are amended to read as follows:
   29-8        Sec. 17.42.  WAIVERS:  PUBLIC POLICY.  (a)  Any waiver by a
   29-9  consumer of the provisions of this subchapter is contrary to public
  29-10  policy and is unenforceable and void; provided, however, that a
  29-11  waiver is valid and enforceable if the waiver is in writing and <a
  29-12  defendant in an action or claim under this subchapter pleads and
  29-13  proves:>
  29-14              <(1)  the consumer is not in a significantly disparate
  29-15  bargaining position;>
  29-16              <(2)>  the consumer is represented by legal counsel <in
  29-17  seeking or acquiring goods or services, other than the purchase or
  29-18  lease of a family residence occupied or to be occupied as the
  29-19  consumer's residence, by a purchase or a lease for a consideration
  29-20  paid or to be paid that exceeds $500,000; and>
  29-21              <(3)  the consumer waives all or part of this
  29-22  subchapter, other than Section 17.555, by an express provision in a
  29-23  written contract signed by both the consumer and the consumer's
  29-24  legal counsel; and provided, however, that a business consumer with
  29-25  assets of $5 million or more according to the most recent financial
  29-26  statement of the business consumer prepared in accordance with
  29-27  generally accepted accounting principles that has knowledge and
   30-1  experience in financial and business matters that enable it to
   30-2  evaluate the merits and risks of a transaction and that is not in a
   30-3  significantly disparate bargaining position may by written contract
   30-4  waive the provisions of this subchapter, other than Section
   30-5  17.555>.
   30-6        (b)  A waiver under Subsection (a) is not effective if the
   30-7  consumer's legal counsel was directly or indirectly identified,
   30-8  suggested, or selected by a defendant or an agent of the defendant
   30-9  <The existence or absence of a disparate bargaining position may
  30-10  not be established as a matter of law solely by evidence of the
  30-11  consumer's financial position relative to other parties to the
  30-12  contract or by matters contained in a written contract relating to
  30-13  the relative bargaining position of the parties>.
  30-14        (c)  A waiver under this section must be in bold-face type of
  30-15  at least 10 points in size and must be in substantially the
  30-16  following form:
  30-17        "The undersigned waive their rights under the Deceptive
  30-18        Trade Practices-Consumer Protection Act, Section 17.41,
  30-19        et seq., Business & Commerce Code, a law that confers
  30-20        special rights on consumers.  After consultation with
  30-21        an attorney of their own selection, the undersigned
  30-22        voluntarily consent to this waiver."
  30-23        (d)  The waiver required by Subsection (c) may be modified to
  30-24  waive only specified rights under this subchapter.
  30-25        Sec. 17.43.  CUMULATIVE REMEDIES.  The provisions of this
  30-26  subchapter are not exclusive.  The remedies provided in this
  30-27  subchapter are in addition to any other procedures or remedies
   31-1  provided for in any other law; provided, however, that no recovery
   31-2  shall be permitted under both this subchapter and another law of
   31-3  both <actual> damages and penalties for the same act or practice.
   31-4  A violation of a provision of law other than this subchapter is not
   31-5  in and of itself a violation of this subchapter.  An act or
   31-6  practice that is a violation of a provision of law other than this
   31-7  subchapter may be made the basis of an action under this subchapter
   31-8  if the act or practice is proscribed by a provision of this
   31-9  subchapter or is declared by such other law to be actionable under
  31-10  this subchapter.  The provisions of this subchapter do not in any
  31-11  way preclude other political subdivisions of this state from
  31-12  dealing with deceptive trade practices.
  31-13        Sec. 17.44.  CONSTRUCTION AND APPLICATION.  (a)  This
  31-14  subchapter shall be liberally construed and applied to promote its
  31-15  underlying purposes, which are to provide special remedies to
  31-16  individual and small business <protect> consumers in transactions
  31-17  not larger than $500,000 against false, misleading, and deceptive
  31-18  business practices, unconscionable actions, and breaches of
  31-19  warranty and to provide efficient and economical procedures to
  31-20  secure such protection.
  31-21        (b)  This  section may not be construed to derogate a
  31-22  reasonable business or commercial practice or to penalize a person
  31-23  who substantially complies with the requirements of this
  31-24  subchapter.
  31-25        SECTION 4.02.  Section 17.45, Business & Commerce Code, is
  31-26  amended by amending Subdivisions (4), (5), (9), and (10) and adding
  31-27  Subdivisions (11), (12), and (13) to read as follows:
   32-1              (4)  "Consumer" means an individual<, partnership,
   32-2  corporation, this state, or a subdivision or agency of this state>
   32-3  who seeks or acquires by purchase or lease, any goods or services,
   32-4  except that the term does not include a business consumer that has
   32-5  assets of $25 million or more<, or that is owned or controlled by a
   32-6  corporation or entity with assets of $25 million or more>.
   32-7              (5)  "Unconscionable action or course of action" means
   32-8  an act or practice which, to a consumer's <person's> detriment,<:>
   32-9                    <(A)>  takes advantage of the lack of knowledge,
  32-10  ability, experience, or capacity of the consumer <a person> to a
  32-11  grossly unfair degree<; or>
  32-12                    <(B)  results in a gross disparity between the
  32-13  value received and consideration paid, in a transaction involving
  32-14  transfer of consideration>.
  32-15              (9)  "Knowingly" means actual awareness of the falsity,
  32-16  deception, or unfairness of the act or practice giving rise to the
  32-17  consumer's claim or, in an action brought under Subdivision (2) of
  32-18  Subsection (a) of Section 17.50, actual awareness of the act, <or>
  32-19  practice, condition, defect, or failure constituting the breach of
  32-20  warranty, but actual awareness may be inferred where objective
  32-21  manifestations indicate that a person acted with actual awareness.
  32-22              (10)  "Business consumer" means an individual<,
  32-23  partnership, or corporation> who seeks or acquires by purchase or
  32-24  lease, any goods or services for commercial or business use.  <The
  32-25  term does not include this state or a subdivision or agency of this
  32-26  state.>
  32-27              (11)  "Intentionally" means actual awareness of the
   33-1  falsity, deception, or unfairness of the act or practice giving
   33-2  rise to the consumer's claim, coupled with the specific intent that
   33-3  the consumer act in detrimental reliance on the falsity or
   33-4  deception or in detrimental ignorance of the unfairness.  Intention
   33-5  may be inferred from objective manifestations that indicate that
   33-6  the person acted intentionally or from facts showing that a
   33-7  defendant acted with flagrant disregard of prudent and fair
   33-8  business practices to the extent that the defendant should be
   33-9  treated as having acted intentionally.
  33-10              (12)  "Professional service" means a service provided
  33-11  by or under the direct supervision of a registered, certified, or
  33-12  licensed person in the scope of the registration, certification, or
  33-13  license as:
  33-14                    (A)  an accountant;
  33-15                    (B)  an architect;
  33-16                    (C)  a lawyer;
  33-17                    (D)  a pharmacist;
  33-18                    (E)  a professional engineer; or
  33-19                    (F)  a real estate broker.
  33-20              (13)  "Economic damages"  means damages for pecuniary
  33-21  loss resulting from loss of or damage to tangible property,
  33-22  including costs of repair and replacement.
  33-23        SECTION 4.03.  Section 17.46(d), Business & Commerce Code, is
  33-24  amended to read as follows:
  33-25        (d)  For the purposes of the relief authorized in Subdivision
  33-26  (1) of Subsection (a) of Section 17.50 of this subchapter, the term
  33-27  "false, misleading, or deceptive acts or practices" is limited to
   34-1  the acts that are enumerated in specific subdivisions of Subsection
   34-2  (b) of this section and that the trier of fact finds were committed
   34-3  knowingly.  This subsection does not apply to the authority of the
   34-4  consumer protection division or any other person seeking injunctive
   34-5  or other equitable relief.
   34-6        SECTION 4.04.  Section 17.49, Business & Commerce Code, is
   34-7  amended by adding Subsections (c), (d), and (e) to read as follows:
   34-8        (c)  This subchapter does not apply to a cause of action
   34-9  against an individual arising out of the provision of professional
  34-10  services by the individual.
  34-11        (d)  This subchapter does not apply to a cause of action for
  34-12  bodily injury or death or to any other cause of action in tort for
  34-13  damages other than damage to tangible property.
  34-14        (e)  This subchapter does not apply to a cause of action
  34-15  arising out of a transaction the total dollar value of which
  34-16  exceeds $500,000.
  34-17        SECTION 4.05.  Sections 17.50(a) and (b), Business & Commerce
  34-18  Code, are amended  to read as follows:
  34-19        (a)  A consumer may maintain an action where any of the
  34-20  following constitute a producing cause of economic <actual>
  34-21  damages:
  34-22              (1)  the use or employment by any person of a false,
  34-23  misleading, or deceptive act or practice that is specifically
  34-24  enumerated in a subdivision of Subsection (b) of Section 17.46 of
  34-25  this subchapter;
  34-26              (2)  breach of an express or implied warranty;
  34-27              (3)  any unconscionable action or course of action by
   35-1  any person; or
   35-2              (4)  the use or employment by any person of an act or
   35-3  practice in violation of Article 21.21, Texas Insurance Code, as
   35-4  amended, or rules or regulations issued by the State Board of
   35-5  Insurance under Article 21.21, Texas Insurance Code, as amended.
   35-6        (b)  In a suit filed under this section, each consumer who
   35-7  prevails may obtain:
   35-8              (1)  the amount of economic <actual> damages found by
   35-9  the trier of fact.  In addition the court shall award exemplary
  35-10  damages in an amount equal to two times that portion of the
  35-11  economic <actual> damages that does not exceed $1,000.  If the
  35-12  trier of fact finds that the conduct of the defendant was committed
  35-13  intentionally or knowingly in the case of a breach of an express or
  35-14  implied warranty, the trier of fact may also award exemplary
  35-15  damages in an amount equal to not more than three times the amount
  35-16  of economic <actual> damages in excess of $1,000, subject to
  35-17  Section 17.501 and the maximum limit on exemplary damages
  35-18  established by Chapter 41, Civil Practice and Remedies Code
  35-19  <provided that:>
  35-20                    <(A)  the provisions of Chapters 33 and 41, Civil
  35-21  Practice and Remedies Code, shall govern the determination of the
  35-22  consumer's right under this subchapter to recover actual and other
  35-23  damages, including exemplary damages, and the amount of those
  35-24  damages that may be recovered by the consumer under this
  35-25  subchapter, in an action seeking damages for (i) death; (ii)
  35-26  personal injury other than mental anguish or distress associated
  35-27  with a violation of this subchapter that does not involve death or
   36-1  bodily injury; or (iii) damage to property other than the goods
   36-2  acquired by the purchase or lease that is involved in the
   36-3  consumer's action or claim if that damage arises out of an
   36-4  occurrence that involves death or bodily injury; and>
   36-5                    <(B)  only in an action under this subchapter
   36-6  that is subject to Paragraph (A) of this subdivision, the
   36-7  consumer's right to recover damages shall be subject to any defense
   36-8  or defensive matter that could be considered by the trier of fact
   36-9  in an action subject to Chapter 33, Civil Practice and Remedies
  36-10  Code, in determining the percentage of responsibility attributable
  36-11  to the consumer claimant under that chapter>;
  36-12              (2)  an order enjoining such acts or failure to act;
  36-13              (3)  orders necessary to restore to any party to the
  36-14  suit any money or property, real or personal, which may have been
  36-15  acquired in violation of this subchapter; and
  36-16              (4)  any other relief which the court deems proper,
  36-17  including the appointment of a receiver or the revocation of a
  36-18  license or certificate authorizing a person to engage in business
  36-19  in this state if the judgment has not been satisfied within three
  36-20  months of the date of the final judgment.  The court may not revoke
  36-21  or suspend a license to do business in this state or appoint a
  36-22  receiver to take over the affairs of a person who has failed to
  36-23  satisfy a judgment if the person is a licensee of or regulated by a
  36-24  state agency which has statutory authority to revoke or suspend a
  36-25  license or to appoint a receiver or trustee.  Costs and fees of
  36-26  such receivership or other relief shall be assessed against the
  36-27  defendant.
   37-1        SECTION 4.06.  Subchapter E, Chapter 17, Business & Commerce
   37-2  Code, is amended by adding Section 17.501 to read as follows:
   37-3        Sec. 17.501.  PROPORTIONATE RESPONSIBILITY IN CERTAIN
   37-4  ACTIONS.  (a)  Damages awarded under Section 17.50(b)(1) shall be
   37-5  reduced by the percentage of fault attributed to the consumer.  If
   37-6  the consumer's percentage of fault exceeds 50 percent, the consumer
   37-7  may not recover under Section 17.50(b)(1).
   37-8        (b)  The liability of a defendant is not joint and several,
   37-9  but each defendant is liable only for the percentage of the total
  37-10  economic damages and nondiscretionary exemplary damages, before any
  37-11  reduction under Subsection (a), that is equal to the percentage of
  37-12  responsibility of that defendant.
  37-13        (c)  A defendant is not liable for the percentage of economic
  37-14  damages and nondiscretionary exemplary damages equal to the
  37-15  percentage of responsibility of another defendant who settled with
  37-16  the consumer or of any person not joined in the cause of action.
  37-17        (d)  An award of discretionary exemplary damages under
  37-18  Section 17.50(b)(1) is specific as to each defendant, and only the
  37-19  defendant against whom the award is made is liable for the damages.
  37-20        (e)  In apportioning fault to a consumer under Subsection
  37-21  (a), the trier of fact shall include wrongful or negligent conduct
  37-22  of the consumer, including negligence, misuse, or failure to
  37-23  observe product specifications, warnings, or disclosures, and
  37-24  similar acts.
  37-25        (f)  Notwithstanding Subsection (e), a consumer may rely
  37-26  entirely on a representation of a defendant, and the failure of the
  37-27  consumer to investigate the representation is not evidence of
   38-1  wrongful or negligent conduct in relation to that defendant.
   38-2        (g)  Chapter 33, Civil Practice and Remedies Code, does not
   38-3  apply to an action under this subchapter.
   38-4        SECTION 4.07.  Section 17.505, Business & Commerce Code, is
   38-5  amended to read as follows:
   38-6        Sec. 17.505.  NOTICE:  OFFER OF SETTLEMENT.  (a)  As a
   38-7  prerequisite to filing a suit seeking damages under Subdivision (1)
   38-8  of Subsection (b) of Section 17.50 of this subchapter against any
   38-9  person, a consumer shall give written notice to the person at least
  38-10  60 days before filing the suit advising the person in reasonable
  38-11  detail of the consumer's specific complaint and the amount of
  38-12  economic <actual> damages and expenses, including attorneys' fees,
  38-13  if any, reasonably incurred by the consumer in asserting the claim
  38-14  against the defendant.  During the 60-day period a written request
  38-15  to inspect, in a reasonable manner and at a reasonable time and
  38-16  place, the goods that are the subject of the consumer's action or
  38-17  claim may be presented to the consumer.  If the consumer
  38-18  unreasonably refuses to permit the inspection, the court shall not
  38-19  award the two times economic <actual> damages not exceeding $1,000,
  38-20  as provided in Subsection (b) of Section 17.50 of this subchapter.
  38-21        (b)  If the giving of 60 days' written notice is rendered
  38-22  impracticable by reason of the necessity of filing suit in order to
  38-23  prevent the expiration of the statute of limitations or if the
  38-24  consumer's claim is asserted by way of counterclaim, the notice
  38-25  provided for in Subsection (a) of this section is not required, but
  38-26  the tender provided for by Subsection (d) <(c)> of this section and
  38-27  by Subsection (d), Section 17.506 of this subchapter may be made
   39-1  within 60 days after the filing of the suit or counterclaim.
   39-2        (c)  If a consumer does not give the written notice required
   39-3  by Subsection (a) and Subsection (b)  does not apply, the consumer
   39-4  may cure the failure by giving the written notice as required by
   39-5  Subsection (a) to the person against whom the suit is pending.  A
   39-6  person receiving notice under this subsection may abate the suit
   39-7  only if the person files a plea in abatement and an affidavit
   39-8  stating the facts required to be established by this subsection in
   39-9  a court in which the suit is pending.  The plea in abatement and
  39-10  affidavit must be filed not later than the 30th day after the date
  39-11  the person receives the written notice.  If the consumer does not
  39-12  file a controverting affidavit or if, after hearing, the court
  39-13  finds the person is entitled to the abatement, the court shall
  39-14  abate the suit for 60 days.
  39-15        (d)  Any person who receives the written notice provided by
  39-16  Subsection (a) or (c) of this section may, within 60 days after the
  39-17  receipt of the notice, tender to the consumer a written offer of
  39-18  settlement, including an agreement to reimburse the consumer for
  39-19  the attorneys' fees, if any, reasonably incurred by the consumer in
  39-20  asserting his claim up to the date of the written notice.  A person
  39-21  who does not receive such a written notice due to the consumer's
  39-22  suit or counterclaim being filed as provided for by Subsection (b)
  39-23  of this section may, within 60 days after the filing of such suit
  39-24  or counterclaim, tender to the consumer a written offer of
  39-25  settlement, including an agreement to reimburse the consumer for
  39-26  the attorneys' fees, if any, reasonably incurred by the consumer in
  39-27  asserting his claim up to the date the suit or counterclaim was
   40-1  filed.  Any offer of settlement not accepted within 30 days of
   40-2  receipt by the consumer shall be deemed to have been rejected by
   40-3  the consumer.
   40-4        (e) <(d)>  A settlement offer made in compliance with
   40-5  Subsection (d) <(c)> of this section, if rejected by the consumer,
   40-6  may be filed with the court together with an affidavit certifying
   40-7  its rejection.  If the amount tendered in the settlement offer is
   40-8  the same as or more than, or if the court finds that amount to be
   40-9  substantially the same as, the economic <actual> damages found by
  40-10  the trier of fact, the consumer may not recover an amount in excess
  40-11  of the amount tendered in the settlement offer or the amount of
  40-12  economic <actual> damages found by the trier of fact, whichever is
  40-13  less.  Such settlement offer shall not be admissible as evidence
  40-14  before a jury.
  40-15        (f) <(e)>  The tender of an offer of settlement is not an
  40-16  admission of engaging in an unlawful act or practice or of
  40-17  liability under this Act.  Evidence of a settlement offer may be
  40-18  introduced only to determine the reasonableness of the settlement
  40-19  offer as provided for by Subsection (e) <(d)> of this section.
  40-20        SECTION 4.08.  Section 17.506(d), Business & Commerce Code,
  40-21  is amended to read as follows:
  40-22        (d)  In an action brought under Section 17.50 of this
  40-23  subchapter, it is a defense to a cause of action if the defendant
  40-24  proves that he received notice from the consumer advising the
  40-25  defendant of the nature of the consumer's specific complaint and of
  40-26  the amount of economic <actual> damages and expenses, including
  40-27  attorneys' fees, if any, reasonably incurred by the consumer in
   41-1  asserting the claim against the defendant, and that within 30 days
   41-2  after the day on which the defendant received the notice the
   41-3  defendant tendered to the consumer:
   41-4              (1)  the amount of economic <actual> damages claimed;
   41-5  and
   41-6              (2)  the expenses, including attorneys' fees, if any,
   41-7  reasonably incurred by the consumer in asserting the claim against
   41-8  the defendant.
   41-9        SECTION 4.09.  Section 17.56, Business & Commerce Code, is
  41-10  amended to read as follows:
  41-11        Sec. 17.56.  VENUE.  An action brought which alleges a claim
  41-12  to relief under Section 17.50 of this subchapter may be commenced
  41-13  in the county in which the person against whom the suit is brought
  41-14  resides or<,> has his principal place of business, <or has a fixed
  41-15  and established place of business at the time the suit is brought>
  41-16  or in the county in which the alleged act or practice occurred or
  41-17  in a county in which the defendant or an authorized agent of the
  41-18  defendant solicited the transaction made the subject of the action
  41-19  at bar.
  41-20               ARTICLE V.  HEALTH CARE LIABILITY CLAIMS
  41-21        SECTION 5.01.  The Medical Liability and Insurance
  41-22  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
  41-23  Statutes) is amended by adding Subchapter H to read as follows:
  41-24                    SUBCHAPTER H.  BAD FAITH CLAIM
  41-25        Sec. 8.01.  RECOVERY FOR BAD FAITH CLAIM AUTHORIZED.  (a)  A
  41-26  party who brings a claim in bad faith and that party's attorney are
  41-27  liable to an opposing party for damages that result from the claim.
   42-1        (b)  A cause of action under this section may be litigated
   42-2  separately from the health care liability claim.
   42-3        (c)  This section applies only to a claim made in bad faith
   42-4  by a party to a health care liability claim, including the health
   42-5  care liability claim, a counterclaim, or a cross-claim.
   42-6        Sec. 8.02.  BAD FAITH CLAIM.  A claim is made in bad faith
   42-7  for purposes of this subchapter if the party or the party's
   42-8  attorney files or continues to maintain the claim:
   42-9              (1)  with knowledge that reasonable grounds do not
  42-10  exist for asserting the claim; or
  42-11              (2)  with reckless disregard as to whether reasonable
  42-12  grounds exist for asserting the claim.
  42-13        Sec. 8.03.  NOTICE.  (a)  A person who intends to file a
  42-14  cause of action under this subchapter must provide written notice
  42-15  of that intent to the person or the attorney for the person against
  42-16  whom the action will be filed.
  42-17        (b)  A person may not file a cause of action under this
  42-18  subchapter before the 60th day after the date the notice required
  42-19  by this section is given.
  42-20        (c)  The notice must be given by certified mail, return
  42-21  receipt requested.
  42-22        SECTION 5.02.  Section 11.02(a), Medical Liability and
  42-23  Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
  42-24  Civil Statutes), is amended to read as follows:
  42-25        (a)  In an action on a health care liability claim where
  42-26  final judgment is awarded to the claimant, the combined total
  42-27  amount of recovery for civil liability for the claimant, including
   43-1  any amount awarded under Subchapter P of this Act, may not
   43-2  <rendered against a physician or health care provider, the limit of
   43-3  civil liability for damages of the physician or health care
   43-4  provider shall be limited to an amount not to> exceed $500,000.
   43-5        SECTION 5.03.  Section 12.01(a), Medical Liability and
   43-6  Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
   43-7  Civil Statutes), is amended to read as follows:
   43-8        (a)  Notwithstanding any other law, no provisions of
   43-9  Subchapter E, Chapter 17 <Sections 17.41-17.63>, Business &
  43-10  Commerce Code, shall apply to physicians or health care providers
  43-11  as defined in Section 1.03(3) of this Act, with respect to claims
  43-12  for damages for personal injury or death resulting, or alleged to
  43-13  have resulted, from negligence, from breach of warranty, including
  43-14  an implied warranty for good and workmanlike service, from breach
  43-15  of an implied contract, or from misrepresentation on the part of
  43-16  any physician or health care provider.
  43-17        SECTION 5.04.  Sections 13.01(a), (b), (c), and (e), Medical
  43-18  Liability and Insurance Improvement Act of Texas (Article 4590i,
  43-19  Vernon's Texas Civil Statutes), are amended to read as follows:
  43-20        (a)  In a health care liability claim, the plaintiff's
  43-21  attorney or, if the plaintiff is not represented by an attorney,
  43-22  the plaintiff shall, on <within 90 days after> the date the action
  43-23  is <was> commenced, file an affidavit attesting that the attorney
  43-24  or plaintiff has obtained a written opinion from an expert who has
  43-25  knowledge of accepted standards of care for the diagnosis, care, or
  43-26  treatment of the illness, injury, or condition involved in the
  43-27  claim, that the acts or omissions of the physician or health care
   44-1  provider were negligent and a proximate cause of the injury, harm,
   44-2  or damages claimed.
   44-3        (b)  A plaintiff or plaintiff's attorney shall be deemed to
   44-4  be in compliance with Subsection (a) of this section if, on <within
   44-5  90 days after> the date the action is <was> commenced, the
   44-6  plaintiff posts a bond with surety or any other equivalent security
   44-7  approved by the court, including cash in an escrow account, for
   44-8  costs in an amount of $2,000.
   44-9        (c)  If on <the expiration of the 90th day after> the date
  44-10  the action is <was> commenced or the expiration of the extension
  44-11  period described in Subsection (d) of this section<, whichever is
  44-12  later,> the plaintiff has failed to post security as described in
  44-13  Subsection (b) of this section or alternatively has failed to file
  44-14  an affidavit as described in Subsection (a) of this section, then
  44-15  the court on the motion of any party or on the court's own motion
  44-16  shall increase the amount of security required by Subsection (b) of
  44-17  this section to an amount not to exceed $4,000.  If the plaintiff
  44-18  fails to post the increased security within 30 days after being
  44-19  served with a copy of the court's order or fails to provide an
  44-20  affidavit as provided by Subsection (a) of this section, the court
  44-21  shall on motion unless good cause is shown for such failure dismiss
  44-22  the action with <without> prejudice to its refiling and assess
  44-23  costs of court against plaintiff.
  44-24        (e)  Discovery concerning the affidavit, including the
  44-25  written opinion and the identity of the physician or health care
  44-26  provider who supplied the opinion, shall <not> be allowed <unless
  44-27  the physician or health care provider who supplied the opinion is
   45-1  designated as an expert witness by the plaintiff>.
   45-2        SECTION 5.05.  Section 14.01(a), Medical Liability and
   45-3  Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
   45-4  Civil Statutes), is amended to read as follows:
   45-5        (a)  In a suit involving a health care liability claim
   45-6  against a physician for injury to or death of a patient, a person
   45-7  may qualify as an expert witness on the issue of whether the
   45-8  physician departed from accepted standards of medical care only if
   45-9  the person is a physician who:
  45-10              (1)  <the person> is practicing at the time such
  45-11  testimony is given or was practicing at the time the claim arose;
  45-12              (2)  held a license to practice in this state at the
  45-13  time the claim arose;
  45-14              (3)  <and> has knowledge of accepted standards of
  45-15  medical care for the diagnosis, care, or treatment of the illness,
  45-16  injury, or condition involved in the claim; <or>
  45-17              (4)  is board certified or has the equivalent training
  45-18  and experience in the medical specialty relevant to the claim; and
  45-19              (5)  is familiar with clinical practice in the medical
  45-20  specialty relevant to the claim and held hospital staff privileges
  45-21  at the time the claim arose that allowed the performance of the
  45-22  procedure or treatment at issue in the claim
  45-23              <(2)  the court, after a hearing conducted outside the
  45-24  presence of the jury, determines that the person is otherwise
  45-25  qualified to give expert testimony on said issue>.
  45-26        SECTION 5.06.  The Medical Liability and Insurance
  45-27  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
   46-1  Statutes) is amended by adding Subchapters P and Q to read as
   46-2  follows:
   46-3             SUBCHAPTER P.  LIMITS ON NONECONOMIC DAMAGES
   46-4        Sec. 16.01.  LIMITS ON NONECONOMIC DAMAGES.  (a)  In an
   46-5  action on a health care liability claim, the amount of noneconomic
   46-6  damages awarded against a physician or health care provider may not
   46-7  exceed $250,000.
   46-8        (b)  For purposes of this section, "noneconomic damages"
   46-9  means damages for any past or future nonpecuniary loss, including
  46-10  damages for physical pain and suffering, mental anguish and
  46-11  suffering, loss of consortium, and disfigurement.
  46-12              SUBCHAPTER Q.  COLLATERAL SOURCE OF INCOME
  46-13        Sec. 17.01.  DEFINITION.  In this subchapter, "collateral
  46-14  source of income" means amounts that are payable:
  46-15              (1)  to or for the benefit of a patient bringing a
  46-16  health care liability claim; and
  46-17              (2)  as a result of the personal injury or death for
  46-18  which the claim was brought.
  46-19        Sec. 17.02.  REDUCTION OF AWARD.  (a)  A court shall reduce
  46-20  any award of damages to a patient for a health care liability claim
  46-21  by the amount of the patient's collateral sources of income.
  46-22        (b)  In determining the amount of reduction of an award of
  46-23  damages to the patient, the court shall receive evidence concerning
  46-24  the amount of the patient's collateral sources of income.  If the
  46-25  claim is tried by a jury, the court shall receive the evidence
  46-26  outside the presence of the jury.
  46-27        Sec. 17.03.  WORKERS' COMPENSATION.  This subchapter does not
   47-1  apply to workers' compensation benefits received by a patient.
   47-2        SECTION 5.07.  Section 6, Article 1.05, Title 79, Revised
   47-3  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
   47-4  amended by amending Subsection (a) and adding Subsection (h) to
   47-5  read as follows:
   47-6        (a)  Except as provided by Subsection (h) of this section,
   47-7  judgments <Judgments> in wrongful death, personal injury, and
   47-8  property damage cases must include prejudgment interest.  Except as
   47-9  provided by Subsections (b), (c), and (d) of this section,
  47-10  prejudgment interest accrues on the amount of the judgment during
  47-11  the period beginning on the 180th day after the date the defendant
  47-12  receives written notice of a claim or on the day the suit is filed,
  47-13  whichever occurs first, and ending on the day preceding the date
  47-14  judgment is rendered.
  47-15        (h)  In an action on a health care liability claim, a court
  47-16  may not award prejudgment interest for any part of a judgment
  47-17  attributable to damages awarded to compensate the claimant for loss
  47-18  the claimant will incur after the date of the judgment, including
  47-19  loss for future medical and other expenses, future loss of earning
  47-20  capacity or wages, future pain and suffering, future mental anguish
  47-21  and suffering, future loss of consortium, and future loss
  47-22  associated with disfigurement.  In this subsection, "health care
  47-23  liability claim" has the meaning assigned by Section 1.03, Medical
  47-24  Liability and Insurance Improvement Act of Texas (Article 4590i,
  47-25  Vernon's Texas Civil Statutes).
  47-26        SECTION 5.08.  Section 11.03, Medical Liability and Insurance
  47-27  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
   48-1  Statutes), is repealed.
   48-2        SECTION 5.09.  Subchapter H, Medical Liability and Insurance
   48-3  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
   48-4  Statutes), as added by this article, applies only to a bad faith
   48-5  claim filed on or after the effective date of this Act.  A bad
   48-6  faith claim filed before the effective date of this Act is governed
   48-7  by the law applicable to the claim as it existed immediately before
   48-8  the effective date of this Act, and that law is continued in effect
   48-9  for that purpose.
  48-10        SECTION 5.10.  (a)  Sections 11.02(a) and 12.01(a), Medical
  48-11  Liability and Insurance Improvement Act of Texas (Article 4590i,
  48-12  Vernon's Texas Civil Statutes), as amended by this article, apply
  48-13  to all actions:
  48-14              (1)  commenced on or after the effective date of this
  48-15  Act; or
  48-16              (2)  pending on that effective date and in which the
  48-17  trial, or any new trial or retrial following motion, appeal, or
  48-18  otherwise, begins on or after that effective date.
  48-19        (b)  In an action commenced before the effective date of this
  48-20  Act, a trial, new trial, or retrial that is in progress on that
  48-21  effective date is governed with respect to the subject matter of
  48-22  this article by the applicable law in effect immediately before
  48-23  that effective date, and that law is continued in effect for that
  48-24  purpose.
  48-25        SECTION 5.11.  Section 13.01, Medical Liability and Insurance
  48-26  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
  48-27  Statutes), as amended by this article, applies only to a health
   49-1  care liability claim filed on or after the effective date of this
   49-2  Act.  A health care liability claim filed before the effective date
   49-3  of this Act is governed by the law applicable to the claim as it
   49-4  existed immediately before the effective date of this Act, and that
   49-5  law is continued in effect for that purpose.
   49-6        SECTION 5.12.  Section 14.01(a), Medical Liability and
   49-7  Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
   49-8  Civil Statutes), as amended by this article, applies only to the
   49-9  qualification of an expert witness on or after the effective date
  49-10  of this Act.  The qualification of an expert witness before the
  49-11  effective date of this Act is governed by the law applicable to the
  49-12  qualification of the witness as it existed immediately before the
  49-13  effective date of this Act, and that law is continued in effect for
  49-14  that purpose.
  49-15          ARTICLE VI.  EFFECTIVE DATE; TRANSITION; EMERGENCY
  49-16        SECTION 6.01.  This Act takes effect September 1, 1995.
  49-17        SECTION 6.02.  Except as otherwise provided by this Act:
  49-18              (1)  this Act applies only to a cause of action that
  49-19  accrues on or after the effective date of this Act; and
  49-20              (2)  an action that accrued before the effective date
  49-21  of this Act is governed by the law applicable to the action as it
  49-22  existed immediately before the effective date of this Act, and that
  49-23  law is continued in effect for that purpose.
  49-24        SECTION 6.03.  The importance of this legislation and the
  49-25  crowded condition of the calendars in both houses create an
  49-26  emergency and an imperative public necessity that the
  49-27  constitutional rule requiring bills to be read on three several
   50-1  days in each house be suspended, and this rule is hereby suspended.