ZEM C.S.H.B. 1022 75(R)BILL ANALYSIS


CIVIL PRACTICES
C.S.H.B. 1022
By: Hilbert
5-7-97
Committee Report (Substituted)



BACKGROUND 

It is a general principle of tort law that a successful plaintiff should
have one recovery for the harm he or she suffered, but not multiple
recoveries. Key features of the law, however, promote multiple recoveries
for the same harm.  

The sliding scale credit for settlements bears no relationship to the harm
caused by the settling person or to the amount of the settlement. It
usually results in multiple recovery of damages. 

The prejudgment interest statute promotes multiple recovery by requiring
interest awards that over-compensate plaintiffs for the time value of
money during the period leading up to a judgment. It sets an artificially
high interest rate and awards prejudgment interest on future damages,
which are damages the claimant has not yet suffered - and might not ever
suffer. 

PURPOSE

The bill advances the one-recovery rule by modifying key civil law rules
that promote multiple recovery of damages. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 33.012(b), Civil Practice and Remedies Code, to
repeal the sliding scale credit for settlements and substitute the
traditional percentage credit, by which a judgment is reduced by the
percentage of responsibility the jury attributes to a settling person.  

SECTION 2. Amends Section 2, Article 1.05, Title 79, Revised Statutes
(Article 5069-1.05, Vernon's Texas Civil Statutes) by deleting the
prejudgment interest rate floor and ceilings. 

SECTION 3. Amends Section 6, Article 1.05, Title 79, Revised Statutes
(Article 5069-1.05, Vernon's Texas Civil Statutes) by amending Subsections
(a) and (d) and adding Subsection (h) and (i) to allow prejudgment
interest on past damages in judgments for wrongful death, personal injury,
property damages, and harm caused by tortious conduct and for breach of
contracts that do not specify an interest rate and to suspend prejudgment
interest during periods of delay caused by the plaintiff, but not delays
caused by the defendant.  Provides that a court may not award prejudgment
interest on attorney's fees or future damages and requires the court to
instruct the jury that prejudgment interest will be awarded on past
damages. 

SECTION 4. Applies prospectively; savings clause

SECTION 5. Emergency clause.
  Effective date: upon passage.


 
COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute makes the following substantive changes:

1.  The committee substitute modifies the language concerning percentage
credit for settlements to clarify that the percentage is deducted from the
amount of damages found by the trier of fact. 

2.  The committee substitute omits SECTION 2 of the original bill which
related to the collateral source rule. 

3.  The committee substitute allows prejudgment interest to be awarded on
amounts of past damages, rather than only on past economic damages. 

4.  The committee substitute adds a provision in SECTION 3,  Article
5069-1.05 (i) directing the court to instruct the jury that prejudgment
interest will be awarded on the amounts of past damages awarded by the
jury. 

5. The committee substitute provides that the act applies prospectively to
cases filed on or after the effective date and not to pending cases as was
provided in the original bill.