By Nixon                                               H.B. No. 645
         76R400 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of the defendant in certain civil
 1-3     actions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 33.011(2), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7                 (2)  "Defendant" includes any party from whom a
 1-8     claimant seeks recovery of damages pursuant to the provisions of
 1-9     Section 33.001 at the time of the submission of the case to the
1-10     trier of fact, including the claimant's employer without regard to
1-11     whether the employer maintained workers' compensation insurance
1-12     coverage, as defined by Section 401.011(44), Labor Code, at the
1-13     time of the act, event, or occurrence made the basis of the
1-14     claimant's suit.
1-15           SECTION 2.  Section 33.013, Civil Practice and Remedies Code,
1-16     is amended to read as follows:
1-17           Sec. 33.013.  AMOUNT OF LIABILITY.  (a)  Except as provided
1-18     by Section 33.002(b) and Subsection (b) of this section [in
1-19     Subsections (b) and (c)], a liable defendant is liable to a
1-20     claimant only for the percentage of the damages found by the trier
1-21     of fact equal to that defendant's percentage of responsibility with
1-22     respect to the personal injury, property damage, death, or other
1-23     harm for which the damages are allowed.
1-24           (b)  A defendant who is the claimant's employer and for whom
 2-1     the trier of fact attributes a percentage of responsibility is not
 2-2     liable to the claimant for any damages under this chapter if the
 2-3     employer maintained workers' compensation insurance coverage, as
 2-4     defined by Section 401.011(44), Labor Code, at the time of the act,
 2-5     event, or occurrence made the basis of the claimant's suit.
 2-6     [Notwithstanding Subsection (a), each liable defendant is, in
 2-7     addition to his liability under Subsection (a), jointly and
 2-8     severally liable for the damages recoverable by the claimant under
 2-9     Section 33.012 with respect to a cause of action if the percentage
2-10     of responsibility attributed to the defendant is greater than 50
2-11     percent.]
2-12           (c)  [Notwithstanding Subsections (a) and (b), each liable
2-13     defendant is, in addition to his liability under Subsection (a),
2-14     jointly and severally liable for the damages recoverable by the
2-15     claimant under Section 33.012 with respect to a cause of action if
2-16     the percentage of responsibility attributed to the defendant is
2-17     equal to or greater than 15 percent and:]
2-18                 [(1)  the claimant's personal injury, property damage,
2-19     death, or other harm is caused by the depositing, discharge, or
2-20     release into the environment of any hazardous or harmful substance
2-21     as described in Section 33.011(7); or]
2-22                 [(2)  the claimant's personal injury, property damage,
2-23     death, or other harm resulted from a toxic tort.]
2-24           [(d)]  This section does not create a cause of action.
2-25           SECTION 3.  Section 33.016(c), Civil Practice and Remedies
2-26     Code, is amended to read as follows:
2-27           (c)  The trier of fact shall determine as a separate issue or
 3-1     finding of fact the percentage of responsibility with respect to
 3-2     each contribution defendant and these findings shall be solely for
 3-3     purposes of this section [and Section 33.015] and not as a part of
 3-4     the percentages of responsibility determined under Section 33.003.
 3-5     Only the percentage of responsibility of each defendant and
 3-6     contribution defendant shall be included in this determination.
 3-7           SECTION 4.  The following statutes of the Civil Practice and
 3-8     Remedies Code are repealed:
 3-9                 (1)  Section 33.011(7);
3-10                 (2)  Section 33.015; and
3-11                 (3)  Section 33.016(d).
3-12           SECTION 5.  This Act takes effect September 1, 1999, and
3-13     applies only to a cause of action that accrues on or after that
3-14     date.  An action that accrued before the effective date of this Act
3-15     is governed by the law applicable to the action immediately before
3-16     the effective date of this Act, and that law is continued in effect
3-17     for that purpose.
3-18           SECTION 6.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended.