76R13315 DAK-F By King of Uvalde H.B. No. 3482 Substitute the following for H.B. No. 3482: By Smithee C.S.H.B. No. 3482 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the time that certain causes of action arising out of 1-3 or relating to interests in an oil and gas lease accrue. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 16.004, Civil Practice and Remedies Code, 1-6 is amended by adding Subsection (d) to read as follows: 1-7 (d) For the purposes of this section, a cause of action 1-8 arising out of or relating to an interest in an oil and gas lease 1-9 does not accrue until the facts giving rise to the cause of action 1-10 are discovered or by the exercise of reasonable diligence should 1-11 have been discovered. The trier of fact shall examine the 1-12 circumstances of each particular case to determine what facts by 1-13 the exercise of reasonable diligence should have been discovered 1-14 without regard to whether the facts giving rise to the cause of 1-15 action are inherently undiscoverable. 1-16 SECTION 2. This Act takes effect September 1, 1999, and 1-17 applies only to a cause of action pending or commenced on or after 1-18 that date. An action commenced before the effective date of this 1-19 Act and that is not pending on or after that date is governed by 1-20 the law applicable to the action immediately before the effective 1-21 date of this Act, and that law is continued in effect for that 1-22 purpose. 1-23 SECTION 3. The importance of this legislation and the 1-24 crowded condition of the calendars in both houses create an 2-1 emergency and an imperative public necessity that the 2-2 constitutional rule requiring bills to be read on three several 2-3 days in each house be suspended, and this rule is hereby suspended.