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.