Floor Packet Page No. 136                                                   

	
Amend CSHB 4 as follows:                                                     
	On page 27, line 13, strike Article 4 of the bill and 
substitute a new Article 4 to read as follows:
	ARTICLE 4. PROPORTIONATE RESPONSIBILITY                                        
	SECTION 4.01 Section 33.001 is amended by adding subsections 
(a)-(h) to read as follows:
	Sec. 33.001  Proportionate Responsibility                                      
	(a)  Except as provided by Subsections (b) and (c), this 
chapter applies to any cause of action based on tort in which a 
defendant, settling person, or responsible third party is found 
responsible for a percentage of the harm for which relief is sought.
	(b)  Notwithstanding Subsection (a), a defendant who, with 
the specific intent to do harm to others, or acts in concert with 
another person to engage in the conduct described in the following 
sections of the Penal Code shall be jointly and severally liable 
with such other person for the damages legally recoverable by the 
claimant that were proximately caused by such conduct:
		(1)  Section 19.02 (murder);                                                  
		(2)  Section 19.03 (capital murder);                                          
		(3)  Section 20.04 (aggravated kidnapping);                                   
		(4)  Section 22.02 (aggravated assault);                                      
		(5)  Section 22.011 (sexual assault);                                         
		(6)  Section 22.021 (aggravated sexual assault);                              
		(7)  Section 22.04 (injury to child, elderly 
individual, or disabled individual);
		(8)  Section 32.21 (forgery);                                                 
		(9)  Section 32.43 (commercial bribery);                                      
		(10)  Section 32.45 (misapplication of fiduciary 
property or property of financial institution);
		(11)  Section 32.46 (securing execution of document by 
deception);          
		(12)  Section 32.47 (fraudulent destruction, removal, 
or concealment of writing); or
		(13)  conduct described in Chapter 31 the punishment 
level for which is a felony of the third degree or higher.
	(c)  This chapter does not apply to:                                           
		(1)  an action to collect workers' compensation benefits 
under the workers' compensation laws of this state (Subtitle A, 
Title 5, Labor Code) or actions against an employer for exemplary 
damages arising out of the death of an employee;
		(2)  a claim for exemplary damages included in an action 
to which this chapter otherwise applies; or
		(3)  a cause of action for damages arising from the 
manufacture of methamphetamine as described by Chapter 99.
	(d)  Notwithstanding anything to the contrary stated in the 
sections of the Penal Code listed in Subsection (b), that 
subsection shall not apply unless the claimant proves the defendant 
acted or failed to act with intent to do harm as defined in this 
section.
	(e)  For purposes of this section, a person acts with intent 
to do harm with respect to the nature of the person's conduct and 
the result of the person's conduct when it is the person's conscious 
effort or desire to engage in such conduct for the purpose of doing 
substantial harm to others.
	(f)  Nothing in this section shall require a submission to the 
jury of a question regarding conduct by any party absent sufficient 
evidence to support the submission.
	(g)  The jury shall not be made aware through voir dire, 
introduction into evidence, instruction, or any other means that 
the conduct to which Subsection (b) applies is defined by the Penal 
Code.
	(h)  This chapter applies to an action brought under the 
Deceptive Trade Practices-Consumer Protection Act (Subchapter E, 
Chapter 17, Business & Commerce Code). In an action to which 
this chapter applies, a claimant may not recover damages if his 
percentage of responsibility is greater than 50 percent.
	SECTION 4.02  Section 33.013 is amended by striking 
subsection (b) and amending subsection (c) to read as follows:
	(c)  Notwithstanding Subsections (a) and (b), each liable 
defendant is, in addition to his liability under Subsection (a), 
jointly and severally liable for the damages recoverable by the 
claimant under Section 33.012 with respect to a cause of action if 
the percentage of responsibility attributed to the defendant is 
equal to or greater than 15 percent. and:
		(1)  the claimant's personal injury, property damage, 
death, or other harm is caused by the depositing, discharge, or 
release into the environment of any hazardous or harmful substance 
as described in Section 33.011(7); or
		(2)  the claimant's personal injury, property damage, 
death, or other harm resulted from a toxic tort.
	SECTION 4.03.  Section 33.014 of the Civil Practice and 
Remedies Code is amended to read as follows:
	Sec. 33.014 Election of Credit for Settlements  If a claimant 
has settled with one or more persons, an election must be made as to 
which dollar credit is to be applied under Section 33.012(b).  This 
election shall be made by any claimant defendant filing a written 
election before the issues of the action are submitted to the trier 
of fact and, when made, shall be binding on all defendants.  If no 
claimant defendant makes this election or if conflicting elections 
are made, all claimants defendants are considered to have elected 
Subdivision (2) of Section 33.012(b).