1-1 By: Duncan S.B. No. 697
1-2 (In the Senate - Filed February 25, 1999; March 1, 1999, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 22, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 22, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to credits for settlements in certain civil actions.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (b), Section 33.012, Civil Practice
1-11 and Remedies Code, is amended to read as follows:
1-12 (b) If the claimant has settled with one or more persons,
1-13 the court shall further reduce the amount of damages to be
1-14 recovered by the claimant with respect to a cause of action by a
1-15 credit equal to one of the following, as elected in accordance with
1-16 Section 33.014:
1-17 (1) the sum of the dollar amounts of all settlements;
1-18 or
1-19 (2) a dollar amount that is determined by:
1-20 (A) computing [equal to] the sum of the
1-21 percentages of responsibility of all settling persons; and
1-22 (B) multiplying the amount [following
1-23 percentages] of damages found by the trier of fact by the
1-24 percentage computed under Paragraph (A)[:]
1-25 [(A) 5 percent of those damages up to $200,000;]
1-26 [(B) 10 percent of those damages from $200,001
1-27 to $400,000;]
1-28 [(C) 15 percent of those damages from $400,001
1-29 to $500,000; and]
1-30 [(D) 20 percent of those damages greater than
1-31 $500,000].
1-32 SECTION 2. This Act applies only to a suit that is commenced
1-33 on or after the effective date of this Act. A suit that is
1-34 commenced before the effective date of this Act is governed by the
1-35 law applicable to the suit immediately before the effective date of
1-36 this Act, and that law is continued in effect for that purpose.
1-37 SECTION 3. This Act takes effect September 1, 1999.
1-38 SECTION 4. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *