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.