78R5729 AJA-D

By:  Wohlgemuth                                                   H.B. No. 1275



A BILL TO BE ENTITLED

AN ACT

relating to the amount of exemplary damages that may be awarded 
against a nursing institution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 41.008, Civil Practice and Remedies 
Code, is amended by amending Subsections (b), (c), and (e) and 
adding Subsection (g) to read as follows:
	(b)  Except as provided by Subsection (g), exemplary
[Exemplary] damages awarded against a defendant may not exceed an 
amount equal to the greater of:
		(1)(A)  two times the amount of economic damages;  plus                       
			(B)  an amount equal to any noneconomic damages 
found by the jury, not to exceed $750,000;  or
		(2)  $200,000.                                                                
	(c)  Subsections [Subsection] (b) and (g) do [does] not apply 
to a cause of action against a defendant from whom a plaintiff seeks 
recovery of exemplary damages based on conduct described as a 
felony in the following sections of the Penal Code if, except for 
Sections 49.07 and 49.08, the conduct was committed knowingly or 
intentionally:
		(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 a 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);
		(13)  Chapter 31 (theft) the punishment level for which 
is a felony of the third degree or higher;
		(14)  Section 49.07 (intoxication assault);  or                               
		(15)  Section 49.08 (intoxication manslaughter).                              
	(e)  The provisions of Subsections (a), [and] (b), and (g)
may not be made known to a jury by any means, including voir dire, 
introduction into evidence, argument, or instruction.
	(g)  Exemplary damages awarded against a nursing institution 
licensed under Chapter 242, Health and Safety Code, may not exceed 
the lesser of:
		(1)(A)  two times the amount of economic damages; plus                 
			(B)  an amount equal to any noneconomic damages 
found by the jury, not to exceed $250,000; or
		(2)  $250,000.                                                         
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.