By:  Duncan, Fraser                                    S.B. No. 598
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to actions regarding certain computer date failures.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  FINDINGS AND PURPOSE.  (a)  Whereas, in the early
 1-4     years of the computer and information technology industries,
 1-5     programmers adopted conventions to use limited and expensive
 1-6     computer memory and computer processing capacity as efficiently as
 1-7     possible.  Among those conventions was the widely adopted
 1-8     representation of years by the last two digits of the year.
 1-9     Programmers and designers of products containing computer
1-10     processors continued to use this convention for a variety of
1-11     reasons, including compatibility with existing products and
1-12     databases, the desire to save expenses by adapting existing
1-13     programs to new uses, and the anticipation that computers,
1-14     programs, and products would be replaced as outdated or obsolete
1-15     before 2000.
1-16           (b)  Whereas, many computers, computer products, and computer
1-17     services are and will be unable to distinguish or process properly
1-18     dates with years beginning with 2000.  That inability affects and
1-19     will affect the proper functioning of those computers, computer
1-20     products, and computer services and the ability of those products
1-21     to accurately process, store, receive, transmit, or in any way use
1-22     dates or date data, which is commonly referred to as the "Year
1-23     2000" or "Y2K" problem.
1-24           (c)  Whereas, the economy of this state and the economic
 2-1     well-being of its citizens have become increasingly dependent on
 2-2     information technology and on the use, manufacture, and sale of
 2-3     computers, computer products, and computer services.
 2-4           (d)  Whereas, the response by this state, its citizens, and
 2-5     enterprises doing business in this state to the Year 2000 problem
 2-6     will determine whether it disrupts substantially the state's
 2-7     economy, causes significant or severe economic dislocation among
 2-8     consumers, employees, and employers in this state, and impairs the
 2-9     ability of state and local governments to provide services and to
2-10     protect and promote the safety and well-being of their citizens.
2-11           (e)  Whereas, adverse consequences of the Year 2000 problem
2-12     to the state, its economy, and its citizens can be avoided or
2-13     minimized if users, sellers, manufacturers, and providers of
2-14     computers, computer products, and computer services all act to
2-15     identify problems and to develop and implement solutions before
2-16     harm occurs.
2-17           (f)  Whereas, if harm occurs, the state and the well-being of
2-18     its citizens would be best served by prompt resolution of disputes.
2-19     Many disputes can be resolved through the early use of informal,
2-20     nonadversarial dispute resolution techniques.  Litigation can be
2-21     expensive and prolonged for the parties and for the courts of the
2-22     state and its political subdivisions and should be used only as a
2-23     last resort if other efforts fail to resolve the dispute to the
2-24     mutual satisfaction of the parties.
2-25           (g)  Therefore, this Act adopts reasonable and necessary
2-26     measures to protect and advance the interests of this state, the
 3-1     well-being of its citizens, and the health of its economy.
 3-2           (h)  Further, the purposes of this Act are:
 3-3                 (1)  to protect and promote the well-being of the
 3-4     citizens of this state, the health of the state's economy, and the
 3-5     ability of state and local governments to provide services by
 3-6     avoiding or mitigating the adverse consequences that may result
 3-7     from the Year 2000 problem;
 3-8                 (2)  to establish legal incentives that encourage
 3-9     users, sellers, manufacturers, and providers of computers, computer
3-10     products, and computer services to identify Year 2000 problems
3-11     early, develop and implement solutions before harm occurs, and
3-12     resolve disputes promptly;
3-13                 (3)  to encourage parties to resolve disputes through
3-14     informal, nonadversarial means before litigation;
3-15                 (4)  to discourage litigation or the threat of
3-16     litigation based on speculative theories of recovery or seeking
3-17     damages that are not objectively verifiable, which burdens the
3-18     judicial system and depletes or diverts financial and human
3-19     resources that could be used more productively to solve Year 2000
3-20     problems; and
3-21                 (5)  to preserve the rights of the citizens of this
3-22     state to seek damages for bodily injury and wrongful death by
3-23     excluding those actions from the scope of this legislation.
3-24           SECTION 2.  Title 6, Civil Practice and Remedies Code, is
3-25     amended by adding Chapter 147 to read as follows:
 4-1                CHAPTER 147.  YEAR 2000 COMPUTER DATE FAILURE
 4-2                      SUBCHAPTER A.  GENERAL PROVISIONS
 4-3           Sec. 147.001.  DEFINITIONS.  In this chapter:
 4-4                 (1)  "Action" means a cause of action to which this
 4-5     chapter applies.
 4-6                 (2)  "Claimant" means a party seeking recovery of
 4-7     damages, including a plaintiff, counterclaimant, cross-claimant, or
 4-8     third-party plaintiff.
 4-9                 (3)  "Computer product" means a computer, computer
4-10     network, computer program, computer software, computer system,
4-11     microprocessor, embedded computer chip, semiconductor device, any
4-12     component of any of those items, or a product that includes any of
4-13     those items as a component of the product.
4-14                 (4)  "Computer service product" means the product of
4-15     the use of a computer, including uses related to data processing
4-16     and storage.  The term includes information stored in the computer
4-17     by personnel supporting the computer.
4-18                 (5)  "Defendant" means a party from whom a claimant
4-19     seeks recovery of damages, including a counterdefendant,
4-20     cross-defendant, or third-party defendant.
4-21                 (6)  "Good faith" means honesty in fact in the conduct
4-22     or transaction concerned.
4-23                 (7)  "Recent consumer product" means a mass-marketed
4-24     computer product, intended by the seller to be used for personal,
4-25     family, or household purposes or by small businesses, that will
4-26     manifest a computer date failure during its normal use and was last
 5-1     offered for sale by the manufacturer after January 1, 1997, and in
 5-2     the case of software, was offered for a retail price of $300 or
 5-3     less.  The term does not include customized products.
 5-4                 (8)  "Small business" means a legal entity, including a
 5-5     sole proprietorship, that:
 5-6                       (A)  is formed for the purpose of making a
 5-7     profit;
 5-8                       (B)  is independently owned and operated; and
 5-9                       (C)  has fewer than 100 employees or less than $1
5-10     million in annual gross receipts.
5-11                 (9)  "Year 2000 Project Office website" means the Texas
5-12     Year 2000 Project Office website administered by the Department of
5-13     Information Resources.  The Internet address of the website is
5-14     www.dir.state.tx.us/y2k.
5-15           Sec. 147.002.  ACTION FOR COMPUTER DATE FAILURE.  Subject to
5-16     Section 147.004 and regardless of the legal theory, statute, or
5-17     cause of action on which the action is based, including an action
5-18     based in tort, contract, or breach of an express or implied
5-19     warranty, this chapter applies only to an action in which a
5-20     claimant seeks recovery of damages or any other relief for harm
5-21     caused by:
5-22                 (1)  a computer date failure as described by Section
5-23     147.003; or
5-24                 (2)  the failure to properly detect, disclose, prevent,
5-25     report, correct, cure, or remediate a computer date failure as
5-26     described by Section 147.003.
 6-1           Sec. 147.003.  COMPUTER DATE FAILURE.  A computer date
 6-2     failure is the inability to correctly process, recognize, store,
 6-3     receive, transmit, or in any way use date data:
 6-4                 (1)  referring to the year 2000 or affected by the
 6-5     transition between the 20th and 21st century or between 1999 and
 6-6     2000; or
 6-7                 (2)  with years expressed in a two-digit or four-digit
 6-8     format.
 6-9           Sec. 147.004.  APPLICABILITY.  This chapter does not apply to
6-10     an action:
6-11                 (1)  for death or bodily injury;
6-12                 (2)  to collect workers' compensation benefits under
6-13     the workers' compensation laws of this state; or
6-14                 (3)  to enforce the terms of a written agreement, or to
6-15     seek contractual remedies for breach of a written agreement, that
6-16     specifically provides for liability and damages for a computer date
6-17     failure.
6-18           Sec. 147.005.  DUTY OR ACTION NOT CREATED.  (a)  This chapter
6-19     does not create a duty.
6-20           (b)  This chapter does not create a cause of action.
6-21           Sec. 147.006.  IMMUNITY NOT AFFECTED.  This chapter does not
6-22     expand or limit the immunity of a person under any other law or
6-23     statute providing immunity.
6-24           Sec. 147.007.  INSURANCE COVERAGE NOT AFFECTED.  This chapter
6-25     does not affect the coverage or benefits of parties under a
6-26     contract of insurance.
 7-1           Sec. 147.008.  SOVEREIGN IMMUNITY NOT WAIVED.  This chapter
 7-2     does not waive sovereign immunity of the state or of a political
 7-3     subdivision of the state.
 7-4           Sec. 147.009.  MANUFACTURER'S DUTY TO INDEMNIFY.  This
 7-5     chapter does not relieve a manufacturer from the obligation, if
 7-6     any, to indemnify a seller for losses arising out of a product
 7-7     liability action for property damage under Section 82.002, subject
 7-8     to any defenses the manufacturer could have asserted at the time
 7-9     the action was filed.
7-10              (Sections 147.010-147.040 reserved for expansion
7-11               SUBCHAPTER B.  PREREQUISITES TO BRINGING ACTION
7-12           Sec. 147.041.  LIMITATIONS PERIOD.  (a)  An action must be
7-13     brought not later than two years after the date the computer date
7-14     failure first caused the harm that is the subject matter of the
7-15     action.
7-16           (b)  This section does not extend the limitations period
7-17     within which an action for harm caused by a computer date failure
7-18     may be commenced under any other law or revive a claim that is
7-19     barred by the operation of any other law.
7-20           Sec. 147.042.  REPOSE.  (a)  Except as provided by Subsection
7-21     (b), a claimant must commence an action against a manufacturer or
7-22     seller of a computer product or computer service product before the
7-23     end of 15 years after the date of the sale by the defendant.  If
7-24     the computer product which caused the computer date failure is a
7-25     component of another product and if the product and computer
7-26     product were sold at different times, the 15-year period begins to
 8-1     run on the date the defendant sold the computer product.
 8-2           (b)  If a manufacturer or seller expressly represented that
 8-3     the computer product or computer service product would not manifest
 8-4     the computer date failure, this section does not apply.
 8-5           (c)  This section does not reduce a limitations period that
 8-6     applies to an action that accrues before the end of the limitations
 8-7     period under this section.
 8-8           (d)  This section does not extend the limitations period
 8-9     within which an action may be commenced under any other law.
8-10           Sec. 147.043.  DISABILITY.  Section 16.001 applies to the
8-11     periods of limitation and repose established by this subchapter.
8-12           Sec. 147.044.  NOTICE.  (a)  A claimant may not commence an
8-13     action unless the claimant gave notice to the defendant before the
8-14     60th day preceding the date the action commences.
8-15           (b)  If the 60-day notice requirement under Subsection (a)
8-16     would prevent commencing the action before the expiration of the
8-17     period of limitation or repose, the claimant must give notice to
8-18     the defendant before the 31st day after the date the action
8-19     commences.
8-20           (c)  If the action is a counterclaim, cross-claim, or
8-21     third-party action, the claimant must give notice to the defendant
8-22     before the 31st day after the date of service on the defendant.
8-23           (d)  The notice must:
8-24                 (1)  be in writing;
8-25                 (2)  identify the claimant;
8-26                 (3)  describe in reasonable detail the computer date
 9-1     failure and the harm caused by the failure; and
 9-2                 (4)  include a specific statement of the amount of the
 9-3     damages claimed or the remedy sought.
 9-4           Sec. 147.045.  NOTICE STAYS PROCEEDINGS.  All proceedings in
 9-5     the action are stayed for 60 days following the date the defendant
 9-6     received the notice under Section 147.044.
 9-7           Sec. 147.046.  FAILURE TO GIVE NOTICE.  (a)  On motion of the
 9-8     defendant that the claimant did not give the notice under Section
 9-9     147.044, the court shall:
9-10                 (1)  abate the action; and
9-11                 (2)  require the claimant to give the notice before the
9-12     31st day after the date of the order of abatement.
9-13           (b)  The court shall dismiss the claimant's action if the
9-14     claimant does not give notice as required by Subsection (a)(2).
9-15           Sec. 147.047.  INSPECTION.  (a)  A person receiving notice
9-16     under Section 147.044 may inspect a computer product or computer
9-17     service product that is subject to the claimant's control to assess
9-18     the nature, scope, and consequences of the computer date failure.
9-19           (b)  The inspection must be conducted in a reasonable manner
9-20     and at a reasonable time and place.
9-21           Sec. 147.048.  OFFER TO SETTLE.  (a)  A defendant receiving
9-22     notice under Section 147.044 may offer to settle the claim.  The
9-23     offer may include an offer to cure or correct the computer date
9-24     failure.
9-25           (b)  The offer must be accepted by the claimant not later
9-26     than the 30th day after the date the offer is made or the offer is
 10-1    rejected.
 10-2          (c)  A defendant may file a rejected offer to settle with the
 10-3    court with an affidavit certifying its rejection.
 10-4          (d)  If the court finds that the amount tendered in a
 10-5    rejected offer to settle filed with the court is the same as,
 10-6    substantially the same as, or more than the damages found by the
 10-7    trier of fact, the claimant may not recover any amount in excess of
 10-8    the lesser of:
 10-9                (1)  the amount of damages tendered in the settlement
10-10    offer; or
10-11                (2)  the amount of damages found by the trier of fact.
10-12          (e)  Subsection (d) does not apply if the court finds that
10-13    the defendant making the offer:
10-14                (1)  could not perform the offer when the offer was
10-15    made; or
10-16                (2)  substantially misrepresented the value of the
10-17    offer.
10-18          (f)  In this section, the term "damages" does not include
10-19    attorney's fees or litigation expenses.
10-20             (Sections 147.049-147.080 reserved for expansion
10-21             SUBCHAPTER C.  AFFIRMATIVE DEFENSES TO LIABILITY
10-22          Sec. 147.081.  AFFIRMATIVE DEFENSE:  NOTICE TO CURE OR
10-23    CORRECT.  (a)  It is an affirmative defense to liability in an
10-24    action if:
10-25                (1)  the claimant was notified in the manner provided
10-26    by Section 147.082 that the computer product or computer service
 11-1    product may manifest computer date failure;
 11-2                (2)  the claimant was offered a cure or correction for
 11-3    the computer date failure; and
 11-4                (3)  the offered cure or correction would have avoided
 11-5    the harm to the claimant caused by the computer date failure.
 11-6          (b)  In addition to the requirement of Subsection (a), to
 11-7    establish the affirmative defense provided by this section:
 11-8                (1)  if the claimant's action involves a recent
 11-9    consumer product, the defendant must prove that the charge, if any,
11-10    for the cure or correction did not exceed the reasonable charges
11-11    for the delivery and installation of the product or items needed to
11-12    cure or correct the computer date failure; or
11-13                (2)  if the claimant's action involves a computer
11-14    product or computer service product that is not a recent consumer
11-15    product, the defendant must prove that the charge, if any, for the
11-16    cure or correction did not exceed the reasonable and necessary
11-17    costs to develop, produce, deliver, and install the product or
11-18    items needed to cure or correct the computer date failure.
11-19          (c)  If the cure or correction described by Subsection (a) is
11-20    designed to cure or correct a computer date failure for only a
11-21    limited period of time, that cure or correction does not entitle a
11-22    person to a defense to liability for harm caused by the computer
11-23    date failure after the period of time expires.
11-24          Sec. 147.082.  NOTICE.  (a)  Notice under Section 147.081
11-25    must:
11-26                (1)  identify the computer product or computer service
 12-1    product that manifests or may manifest a computer date failure;
 12-2                (2)  explain how a cure or correction to the computer
 12-3    product or computer service product may be obtained;
 12-4                (3)  state that there is no additional charge for the
 12-5    cure or correction other than reasonable and customary charges for
 12-6    delivering and installing the product or items needed to make the
 12-7    cure, if any, to obtain the cure or correction; and
 12-8                (4)  inform the recipient that the solution is offered
 12-9    to avoid harm to the recipient and that offering the cure or
12-10    correction could affect the recipient's right to recover damages.
12-11          (b)  Notice under Section 147.081 must be received by the
12-12    claimant before the beginning of the longer of the following
12-13    periods:
12-14                (1)  the 90th day before the date the claimant suffers
12-15    harm from the computer date failure; or
12-16                (2)  the time needed to order, deliver, and install the
12-17    correction to the product or service before the claimant suffers
12-18    harm from the computer date failure.
12-19          (c)  The defendant may satisfy the notice requirement under
12-20    Section 147.081 by showing that:
12-21                (1)  the defendant delivered notice within the period
12-22    provided by this section; or
12-23                (2)  the claimant actually received notice within the
12-24    period provided by this section.
12-25          (d)  There is a rebuttable presumption that notice has been
12-26    delivered to a claimant if the Year 2000 Project Office website or
 13-1    toll-free telephone number established under Section 147.083(e)
 13-2    provides access to information from which a person may obtain the
 13-3    information required by this section relating to a cure or
 13-4    correction for the computer date failure.  The presumption may be
 13-5    rebutted by credible evidence that the claimant did not receive
 13-6    notice.
 13-7          Sec. 147.083.  NOTICE ON YEAR 2000 PROJECT OFFICE WEBSITE.
 13-8    (a)  A person who provides information to the Year 2000 Project
 13-9    Office website to satisfy the requirements of Section 147.082 is
13-10    responsible for the accuracy of the person's information posted on
13-11    the website.
13-12          (b)  A person is not subject to the jurisdiction of the
13-13    courts of this state solely on the basis that the person has
13-14    provided information for posting on the Year 2000 Project Office
13-15    website.
13-16          (c)  The state is not liable for any damages arising from its
13-17    Year 2000-related activities conducted by the Department of
13-18    Information Resources, including:
13-19                (1)  operation of the Year 2000 Project Office website;
13-20                (2)  reliance on the accuracy of the information on the
13-21    Year 2000 Project Office website; or
13-22                (3)  operation and management of the toll-free
13-23    telephone number established in accordance with Subsection (e).
13-24          (d)  The Department of Information Resources in its Year 2000
13-25    Project Office website shall provide for the posting of information
13-26    and the creating of links to other websites to facilitate the
 14-1    posting of notice.
 14-2          (e)  The Department of Information Resources shall establish
 14-3    a toll-free telephone number for persons who are unable to access
 14-4    the Internet to provide to those persons information relating to a
 14-5    cure or correction for computer date failure posted on or linked to
 14-6    the Year 2000 Project Office website.  The Department of
 14-7    Information Resources may establish the toll-free telephone number
 14-8    either in cooperation with the General Services Commission or by
 14-9    contracting with a private vendor.
14-10          (f)  Any contracts for goods or services between the
14-11    Department of Information Resources and private vendors that may be
14-12    necessary or appropriate to the fulfillment of the requirements of
14-13    this section are exempt from the requirements of Subtitle D, Title
14-14    10, Government Code.  If the Department of Information Resources
14-15    elects to contract with one or more private vendors, the vendors
14-16    have no greater liability to third parties for their actions than
14-17    the state would have had if it had provided the goods and services
14-18    directly.
14-19          Sec. 147.084.  AFFIRMATIVE DEFENSE:  RELIANCE.  (a)  In an
14-20    action for fraud, misrepresentation, disparagement, libel, or other
14-21    similar action based on the alleged falsity or misleading character
14-22    of a computer date statement or an express warranty, it is an
14-23    affirmative defense to liability that:
14-24                (1)  the defendant reasonably relied on the computer
14-25    date statement or express warranty of an independent, upstream
14-26    manufacturer or seller of the computer product or computer service
 15-1    product that the computer product or computer service product would
 15-2    not manifest computer date failure;
 15-3                (2)  the statement was false or misleading; and
 15-4                (3)  the defendant did not have actual knowledge that
 15-5    the statement or warranty was false or misleading.
 15-6          (b)  In this section, "computer date statement" means a
 15-7    material statement about a computer product or computer service
 15-8    product regarding the present or future ability of a computer
 15-9    product in relation to avoiding computer date failure, including a
15-10    statement that a computer product or computer service product:
15-11                (1)  is "Year 2000 Compliant" or a similar
15-12    representation; or
15-13                (2)  complies with a computer date standard established
15-14    by a state or federal regulatory agency or by a national or
15-15    international standards organization.
15-16          Sec. 147.085.  ADMISSIBILITY OF STATEMENT RELATING TO
15-17    COMPUTER DATE FAILURE.  (a)  The following are not admissible to
15-18    prove liability for computer date failure:
15-19                (1)  an offer to settle under Section 147.048;
15-20                (2)  notice required under Section 147.081(a)(1);
15-21                (3)  except as provided by Subsection (b), evidence of
15-22    furnishing or offering or promising to furnish a correction or cure
15-23    for a present or future computer date failure; or
15-24                (4)  except as provided by Subsection (c), a statement
15-25    made in the process of correcting, curing, or attempting to correct
15-26    or cure a present or future computer date failure.
 16-1          (b)  Evidence of furnishing or offering or promising to
 16-2    furnish a correction or cure for a present or future computer date
 16-3    failure is admissible to the extent it is evidence of a guarantee
 16-4    or warranty of the correction or cure and the claim is for breach
 16-5    of the guarantee or warranty.
 16-6          (c)  A statement made in the process of correcting, curing,
 16-7    or attempting to correct or cure a present or future computer date
 16-8    failure is admissible if:
 16-9                (1)  the statement is false;
16-10                (2)  the statement is made with knowledge that it is
16-11    false; and
16-12                (3)  the claimant relied on the statement to the
16-13    claimant's detriment.
16-14             (Sections 147.086-147.120 reserved for expansion
16-15                          SUBCHAPTER D.  DAMAGES
16-16          Sec. 147.121.  DAMAGE LIMITATIONS APPLY ONLY IF DEFENDANT
16-17    SHOWS GOOD FAITH EFFORT TO CURE OR CORRECT.  The limitations on the
16-18    recovery of damages established by Section 147.122 apply to a
16-19    claimant only if the defendant can show a good faith effort to
16-20    cure, correct, avoid, or mitigate the claimant's possible computer
16-21    date failure problem.
16-22          Sec. 147.122.  DAMAGES NOT RECOVERABLE.  (a)  Subject to
16-23    Section 147.121, a claimant may not recover the following damages
16-24    in an action:
16-25                (1)  damages for mental anguish, loss of consortium, or
16-26    loss of companionship;
 17-1                (2)  exemplary or punitive damages unless the claimant
 17-2    proves by clear and convincing evidence that the conduct of the
 17-3    defendant was committed with fraud or malice;
 17-4                (3)  additional damages under Section 17.50(b)(1),
 17-5    Business & Commerce Code, unless the trier of fact finds the
 17-6    conduct of the defendant was committed with fraud or malice; or
 17-7                (4)  consequential damages, unless they were reasonably
 17-8    foreseeable.
 17-9          (b)  In this section:
17-10                (1)  "Fraud" means fraud other than constructive fraud.
17-11                (2)  "Malice" means a specific intent by the defendant
17-12    to cause substantial injury to the claimant.
17-13          Sec. 147.123.  MITIGATION OF DAMAGES.  (a)  In an action to
17-14    which Chapter 33 applies, the court shall instruct the finder of
17-15    fact regarding the determination of responsibility pursuant to
17-16    Section 33.003 using the appropriate approved pattern jury charge
17-17    which may be modified by the court as appropriate to the
17-18    circumstances.
17-19          (b)  In all actions not governed by Subsection (a), the court
17-20    shall instruct the finder of fact regarding a claimant's duty to
17-21    mitigate or avoid damages in a manner appropriate to the action
17-22    using the appropriate approved pattern jury charge which may be
17-23    modified by the court as appropriate to the circumstances.
17-24          SECTION 3.  Subchapter C, Chapter 101, Civil Practice and
17-25    Remedies Code, is amended by adding Section 101.066 to read as
17-26    follows:
 18-1          Sec. 101.066.  COMPUTER DATE FAILURE.  This chapter does not
 18-2    apply to a claim for property damage caused by a computer date
 18-3    failure as described by Section 147.003.
 18-4          SECTION 4.  Chapter 108, Civil Practices and Remedies Code,
 18-5    is amended by adding Section 108.004 to read as follows:
 18-6          Sec. 108.004.  COMPUTER DATE FAILURE.  Except in an action
 18-7    arising under the constitution or laws of the United States, a
 18-8    public servant is not personally liable for property damages caused
 18-9    by a computer date failure as described by Section 147.003.
18-10          SECTION 5.  The Department of Information Resources shall
18-11    perform its duties under Subsections (d) and (e), Section 147.083,
18-12    Civil Practice and Remedies Code, as added by this Act, before the
18-13    31st day after the effective date of this Act.
18-14          SECTION 6.  (a)  Except as provided by Subsection (b) of this
18-15    section, this Act applies only to a civil action commenced on or
18-16    after the effective date of this Act.  Except as provided by
18-17    Subsection (b) of this section, an action commenced before the
18-18    effective date of this Act is governed with respect to the subject
18-19    matter of this Act by the applicable law in effect immediately
18-20    before that date, and that law is continued in effect for that
18-21    purpose.
18-22          (b)  Sections 147.041 and 147.042, Civil Practice and
18-23    Remedies Code, as added by this Act, apply only to an action
18-24    commenced on or after September 1, 1999.  An action commenced
18-25    before September 1, 1999, is governed with respect to the subject
18-26    matter of Sections 147.041 and 147.042, Civil Practice and Remedies
 19-1    Code, as added by this Act, by the applicable law in effect
 19-2    immediately before September 1, 1999, and that law is continued in
 19-3    effect for that purpose.
 19-4          SECTION 7.  The importance of this legislation and the
 19-5    crowded condition of the calendars in both houses create an
 19-6    emergency and an imperative public necessity that the
 19-7    constitutional rule requiring bills to be read on three several
 19-8    days in each house be suspended, and this rule is hereby suspended,
 19-9    and that this Act take effect and be in force from and after its
19-10    passage, and it is so enacted.