Amend CSSB 598 as follows:
      Amend Section 147.123 in SECTION 2 by striking the proposed
language and replace it with the following (Committee Printing page
7, lines 9-11):
      Sec. 147.123.  MITIGATION OF DAMAGES.  (a)  In an action to
which Chapter 33 applies, the court shall instruct the finder of
fact regarding the determination of responsibility pursuant to
Section 33.003 using the appropriate approved pattern jury charge
which may be modified by the court as appropriate to the
circumstances.
      (b)  In all actions not governed by subsection (a), the court
shall instruct the finder of fact regarding a claimant's duty to
mitigate or avoid damages in a manner appropriate to the action
using the appropriate approved pattern jury charge which may be
modified by the court as appropriate to the circumstances.