SRC-PNG S.B. 614 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 614
By: Sibley
Economic Development
3/16/1999
As Filed


DIGEST 

Currently, under Texas law, juries are prohibited from assigning fault in
lawsuits to an unknown criminal or to others who are immune from lawsuits.
As a result, juries must assign all responsibility for the acts of unknown
criminals and other immune parties to defendants who may have been only
marginally responsible.  This bill requires the apportionment of
responsibility to those persons who cannot feasibly be joined in a lawsuit. 

PURPOSE

As proposed, S.B. 614 requires proportionate responsibility for those
persons who cannot feasibly be joined in a lawsuit. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 33.003, Civil Practice and Remedies Code, to
require the trier of fact to determine the percentage of responsibility for
each responsible third party who cannot feasibly be joined. 

SECTION 2. Amends Chapter 33A, Civil Practice and Remedies Code, by adding
Section 33.005, as follows: 

Sec.  33.005.  DESIGNATION OF RESPONSIBLE THIRD PARTIES WHO CANNOT FEASIBLY
BE JOINED.  Requires a defendant seeking to have a person designated as a
responsible third party who cannot feasibly be joined to file a notice with
the court designating that person as a responsible third party who cannot
feasibly be joined.  Requires a notice filed under this subsection to be
filed in accordance with the deadlines established for joining responsible
third parties in Sections 33.004(a), (d), and (e).  Provides that failure
to file a notice within the established deadlines may be excused by the
court upon a showing of good cause.  Authorizes a claimant to file an
objection to a designation filed under Subsection (a).  Requires the court,
if an objection is filed, to determine whether the designation is proper.
Provides that a designation under this section is proper if the court
determines that the designated person meets the definition established in
Section 33.011(6)(C) and the defendant pleads sufficient facts concerning
the alleged responsibility of the designated person to satisfy the pleading
requirements of the Texas Rules of Civil Procedure.  Sets forth certain
assertions concerning the filing of a notice under Subsection (a) or any
finding of fault against a responsible third party who cannot feasibly be
joined in a suit. 

SECTION 3. Amends Section 33.011(6), Civil Practice and Remedies Code, by
adding Paragraph (C), to define "responsible third party who cannot
feasibly be joined." 

SECTION 4.  Amends Section 417.001(b), Labor Code, to provide that the
insurance carrier's subrogation interest is limited to the amount of the
total benefits assumed by the carrier or paid by the carrier to the
employee or the legal beneficiary less the amount by which the court
reduced the  judgment based on the percentage of responsibility determined
by the trier of fact pursuant to Section 33.003, Civil Practice and
Remedies Code, attributable to an employer, as described in Section
33.011(6)(C)(i), Civil Practice and Remedies Code.  Requires the insurance
carrier to perform certain actions if the recovery is for an amount greater
than the amount of the insurance carrier's subrogation interest.  Deletes
text regarding requirements of the carrier, if the recovery is for an
amount greater than that paid or assumed by the insurance carrier to the
employee or the legal beneficiary. 

SECTION 5. Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 6. Emergency clause.