By Culberson H.B. No. 554
75R1737 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the distribution of exemplary damages to the permanent
1-3 school fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 41, Civil Practice and Remedies Code, is
1-6 amended by adding Section 41.014 to read as follows:
1-7 Sec. 41.014. DISTRIBUTION OF AWARD. (a) Notwithstanding
1-8 any contractual agreement between a claimant and the claimant's
1-9 attorney, a court shall order an award of exemplary damages paid as
1-10 follows:
1-11 (1) 15 percent to the claimant;
1-12 (2) 10 percent to the claimant's attorney; and
1-13 (3) 75 percent to the permanent school fund.
1-14 (b) The provisions of this section may not be made known to
1-15 the jury through any means, including voir dire, introduction into
1-16 evidence, or instruction.
1-17 SECTION 2. This Act takes effect September 1, 1997, and
1-18 applies only to a cause of action that accrues on or after that
1-19 date. An action that accrues before the effective date of this Act
1-20 is governed by the law in effect at the time the action accrued,
1-21 and that law is continued in effect for that purpose.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.