By Culberson H.B. No. 556 75R1661 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to discovery of evidence of the net worth of a defendant. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 41, Civil Practice and Remedies Code, is 1-5 amended by adding Sections 41.0115 and 41.0116 to read as follows: 1-6 Sec. 41.0115. DISCOVERY OF EVIDENCE OF NET WORTH. (a) A 1-7 claimant may not obtain discovery of evidence that relates to 1-8 determining the net worth of a defendant and that is relevant only 1-9 to the amount of exemplary damages that may be awarded before the 1-10 defendant has been found to be liable for compensatory and 1-11 exemplary damages in the first phase of a bifurcated trial. 1-12 (b) This section applies only to an action in which a 1-13 bifurcated trial is held under Section 41.009. If discovery of 1-14 evidence described by Subsection (a) is sought before a motion for 1-15 a bifurcated trial is made, the defendant may object to the 1-16 discovery request and move for a bifurcated trial under Section 1-17 41.009. 1-18 Sec. 41.0116. IN CAMERA REVIEW OF EVIDENCE OF NET WORTH. 1-19 (a) A defendant who receives a request for discovery of evidence 1-20 that relates to determining the net worth of the defendant and that 1-21 is relevant only to the amount of exemplary damages that may be 1-22 awarded may submit the evidence to the judge for review. 1-23 (b) The judge shall review evidence submitted under 1-24 Subsection (a) in camera and may excerpt from the evidence any 2-1 material that: 2-2 (1) is not relevant to determining the net worth of 2-3 the defendant; 2-4 (2) may unfairly prejudice, confuse, or mislead a 2-5 jury; 2-6 (3) is cumulative of other evidence and is not 2-7 necessary for determining the defendant's net worth; or 2-8 (4) is otherwise inadmissible under the Texas Rules of 2-9 Civil Evidence. 2-10 SECTION 2. This Act takes effect September 1, 1997, and 2-11 applies only to a suit that is commenced on or after that date. A 2-12 suit that is commenced before the effective date of this Act is 2-13 governed by the law applicable to the suit immediately before the 2-14 effective date of this Act, and that law is continued in effect for 2-15 that purpose. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.