HBA-TBM H.B. 2225 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2225
By: Davis, John
Civil Practices
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Exemplary damages that are authorized to be awarded for injury to an
individual were limited by tort reform legislation in 1995.  At that time,
injury to an elderly or disabled person was exempted from those limits.
While damages awarded in a judgement have decreased since the tort reform
laws were put into place, damages in judgments involving the elderly or
disabled have not.  This has in part contributed to the rising cost for
liability insurance for nursing homes and assisted living communities.
House Bill 2225 limits the amount of exemplary damages that may be awarded
to the elderly or disabled for injurious assault.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2225 amends the Civil Practice and Remedies Code to prohibit
exemplary damages awarded against a defendant from exceeding an amount
equal to the greater of $200,000 or two times the amount of economic
damages plus the lesser of $750,000 or an amount equal to any noneconomic
damages found by the jury.  The bill prohibits damages awarded against a
defendant for injurious assault to an elderly or disabled individual from
exceeding an amount equal to the greater of $400,000 or four times the
amount of economic damages plus the lesser of $1.5 million or an amount
equal to any noneconomic damages found by the jury.   

EFFECTIVE DATE

September 1, 2001.