By Goolsby                                             H.B. No. 380
         76R1772 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the joinder of responsible third parties in certain
 1-3     civil actions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 33.004(a), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7           (a)  Except as provided in Subsections (d) and (e), prior to
 1-8     the expiration of limitations on the claimant's claim for damages
 1-9     against the defendant and on timely motion made for that purpose, a
1-10     defendant may seek to join a responsible third party who has not
1-11     been sued by the claimant if the responsible third party in any way
1-12     caused or contributed to cause the harm for which recovery of
1-13     damages is sought by:
1-14                 (1)  negligent act or omission;
1-15                 (2)  a defective or unreasonably dangerous product;
1-16                 (3)  any other conduct that violates an applicable
1-17     legal standard; or
1-18                 (4)  any combination of these.
1-19           SECTION 2.  Subchapter A, Chapter 33, Civil Practice and
1-20     Remedies Code, is amended by adding Sections 33.0041 and 33.0042 to
1-21     read as follows:
1-22           Sec. 33.0041.  NOTICE OF INTENT TO JOIN RESPONSIBLE THIRD
1-23     PARTY.  (a)  To join a responsible third party as provided under
1-24     Section 33.004, a  party must file, within the appropriate time
 2-1     limitations specified in that section, a "Notice of Intent to Join
 2-2     Responsible Third Party."
 2-3           (b)  The notice is effective on filing and does not require:
 2-4                 (1) action by the court or clerk of the court; or
 2-5                 (2)  service on the responsible third party.
 2-6           (c)  The notice must:
 2-7                 (1)  state, if known, the name, address, and telephone
 2-8     number of the responsible third party; or
 2-9                 (2)  if this information is not known, identify the
2-10     responsible third party as "Jane Doe" or "John Doe" and state all
2-11     known identifying characteristics of the responsible third party.
2-12           Sec. 33.0042.  LIABILITY OF RESPONSIBLE THIRD PARTY.  Filing
2-13     of a notice under Section 33.0041 or any finding of fault against a
2-14     responsible third party who is not joined as a full third-party
2-15     defendant or plaintiff in the suit:
2-16                 (1)  does not by itself impose liability on the
2-17     responsible third party; and
2-18                 (2)  may not be used in any other proceeding, on the
2-19     basis of res judicata, collateral estoppel, or any other legal
2-20     rationale,  to impose liability on the responsible third party.
2-21           SECTION 3.  This Act takes effect September 1, 1999, and
2-22     applies only to a cause of action that accrues on or after that
2-23     date.  An action that accrued before the effective date of this Act
2-24     is governed by the law applicable to the action immediately before
2-25     the effective date of this Act, and that law is continued in effect
2-26     for that purpose.
2-27           SECTION 4.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.