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.