SRC-PNG S.B. 697 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 697
76R6090 DLF-FBy: Duncan
Economic Development
4/21/1999
As Filed


DIGEST 

Currently, under Texas law, courts reduce the amount of damages to be
recovered by a claimant, if the claimant has settled with one or more
persons, by a formula whereby a credit equal to a dollar amount based upon
percentages of tiered damages amounts determined.  This bill requires
courts to reduce the amount of damages to be recovered by a claimant, if
the claimant has settled with one or more persons, by a credit equal to the
sum of the dollar amounts of all settlements or a dollar amount determined
by the sum of the percentages of responsibility of all settling persons and
by multiplying the amount of damages by the percentages computed. 

PURPOSE

As proposed, S.B. 697 revises the computation of credits for settlements in
civil actions. 

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 33.012(b), Civil Practice and Remedies Code, to
require courts to reduce the amount of damages to be recovered by a
claimant, if the claimant has settled with one or more persons, by a credit
equal to the sum dollar amounts of all settlements or a dollar amount
determined by the sum of the percentages of responsibility of all settling
persons and multiplying the amount of damages by the percentages computed,
rather than a dollar amount based upon percentages of tiered damages
amounts. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.