By Haywood S.B. No. 801 74R7133 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the distribution of an award of exemplary damages. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies 1-5 Code, is amended by adding Chapter 42 to read as follows: 1-6 CHAPTER 42. DISTRIBUTION OF EXEMPLARY DAMAGES 1-7 Sec. 42.001. DISTRIBUTION OF AWARD. (a) A court shall 1-8 order the defendant to pay an award of exemplary damages made on 1-9 behalf of a claimant under Chapter 41 to the foundation school 1-10 fund. 1-11 (b) This section applies without regard to any contractual 1-12 agreement between a claimant and the claimant's attorney. 1-13 (c) To the extent of any conflict between this section and 1-14 Chapter 41, this section prevails. 1-15 Sec. 42.002. PROVISIONS NOT MADE KNOWN TO JURY. The 1-16 provisions of this chapter may not be made known to a jury by any 1-17 means, including voir dire, introduction into evidence, argument, 1-18 or instruction. 1-19 SECTION 2. This Act takes effect September 1, 1995, and 1-20 applies only to a suit that is commenced on or after that date. A 1-21 suit that is commenced before the effective date of this Act is 1-22 governed by the law in effect immediately before the effective date 1-23 of this Act, and that law is continued in effect for that purpose. 1-24 SECTION 3. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended.