By Moncrief S.B. No. 1591
77R8904 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exemplary damages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.008, Civil Practice and Remedies Code,
1-5 is amended by amending Subsection (b) and adding Subsection (f) to
1-6 read as follows:
1-7 (b) Exemplary damages awarded against a defendant may not
1-8 exceed an amount equal to the greater of:
1-9 (1)(A) two times the amount of economic damages; plus
1-10 (B) an amount equal to any noneconomic damages
1-11 found by the jury, not to exceed $751,000 [$750,000]; or
1-12 (2) $200,000.
1-13 (f) Subsection (c) does not apply unless the conduct is
1-14 shown by clear and convincing evidence.
1-15 SECTION 2. Section 41.013(a), Civil Practice and Remedies
1-16 Code, is amended to read as follows:
1-17 (a) Except as provided for in Subsection (b), an appellate
1-18 court that reviews the evidence with respect to a finding by a
1-19 trier of fact concerning liability for exemplary damages or with
1-20 respect to the amount of exemplary damages awarded shall state, in
1-21 a written opinion, the court's reasons for upholding or disturbing
1-22 the finding or award. The written opinion must be agreed to by all
1-23 the justices of the court and shall address the evidence or lack of
1-24 evidence with specificity, as it relates to the liability for or
2-1 amount of exemplary damages, in light of the requirements of this
2-2 chapter.
2-3 SECTION 3. (a) This Act takes effect September 1, 2001.
2-4 (b) This Act applies only to an action commenced:
2-5 (1) on or after the effective date of this Act; or
2-6 (2) before the effective date of this Act if final
2-7 judgment in the action has not been entered before the effective
2-8 date of this Act.
2-9 (c) An action commenced before the effective date of this
2-10 Act in which final judgment has been entered before the effective
2-11 date of this Act is governed by the law applicable to the action
2-12 immediately before the effective date of this Act, and that law is
2-13 continued in effect for that purpose.