By: Duncan S.B. No. 697
A BILL TO BE ENTITLED
AN ACT
1-1 relating to credits for settlements in certain civil actions.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 33.012, Civil Practice
1-4 and Remedies Code, is amended to read as follows:
1-5 (b) If the claimant has settled with one or more persons,
1-6 the court shall further reduce the amount of damages to be
1-7 recovered by the claimant with respect to a cause of action by a
1-8 credit equal to one of the following, as elected in accordance with
1-9 Section 33.014:
1-10 (1) the sum of the dollar amounts of all settlements;
1-11 or
1-12 (2) a dollar amount that is determined by:
1-13 (A) computing [equal to] the sum of the
1-14 percentages of responsibility of all settling persons; and
1-15 (B) multiplying the amount [following
1-16 percentages] of damages found by the trier of fact by the
1-17 percentage computed under Paragraph (A)[:]
1-18 [(A) 5 percent of those damages up to $200,000;]
1-19 [(B) 10 percent of those damages from $200,001
1-20 to $400,000;]
1-21 [(C) 15 percent of those damages from $400,001
1-22 to $500,000; and]
1-23 [(D) 20 percent of those damages greater than
1-24 $500,000].
2-1 SECTION 2. This Act applies only to a suit that is commenced
2-2 on or after the effective date of this Act. A suit that is
2-3 commenced before the effective date of this Act is governed by the
2-4 law applicable to the suit immediately before the effective date of
2-5 this Act, and that law is continued in effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1999.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.