78R5360 DAK-F

By:  Nixon                                                      H.J.R. No. 3  



A JOINT RESOLUTION

proposing a constitutional amendment authorizing the legislature 
to determine limits for noneconomic damages in medical or health 
care liability claims and other claims.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article III, Texas Constitution, is amended by 
adding Section 66 to read as follows:
	Sec.  66.  (a)  In this section, "economic damages" means 
compensatory damages for any pecuniary loss or damage.  The term  
does not include any loss or damage, however characterized, for 
past, present, and future physical pain and suffering, mental 
anguish and suffering, loss of consortium, loss of companionship 
and society, disfigurement, or physical impairment.
	(b)  Notwithstanding any other provision of this 
constitution, the legislature by statute may determine the limit of 
liability for all damages and losses, however characterized, other 
than economic damages, of a provider of medical or health care with 
respect to treatment, lack of treatment, or other claimed departure 
from an accepted standard of medical or health care or safety, 
however characterized, that is or is claimed to be a cause of, or 
that contributes or is claimed to contribute to, disease, injury, 
or death of a person.  This subsection applies without regard to 
whether the claim or cause of action arises under or is derived from 
common law, a statute, or other law, including any claim or cause of 
action based or sounding in tort, contract, or any other theory or 
any combination of theories of liability.  The claim or cause of 
action includes a medical or health care liability claim as defined 
by the legislature.
	(c)  Notwithstanding any other provision of this 
constitution, after January 1, 2005, the legislature by statute may 
determine the limit of liability for all damages and losses, 
however characterized, other than economic damages, in a claim or 
cause of action not covered by Subsection (b) of this section.  This 
subsection applies without regard to whether the claim or cause of 
action arises under or is derived from common law, a statute, or 
other law, including any claim or cause of action based or sounding 
in tort, contract, or any other theory or any combination of 
theories of liability.
	(d)  The legislature may include in any statute passed under 
this section a limitation of liability in the statute that:
		(1)  applies to each claim or cause of action, each 
claimant, each provider, or a combination of one or more claims or 
causes of action, claimants, or providers;
		(2)  applies to all damages and losses, other than 
economic damages, sought with respect to the claim or cause of 
action, an element of the damage or loss sought, or a combination of 
those elements;
		(3)  is subject to increase or decrease over time by a 
means or as otherwise specified by the legislature;
		(4)  is subject to or conditioned on an event or 
requirement specified by the legislature; or
		(5)  applies to a claim or cause of action under either 
Subsection (b) or (c) of this section that has not become vested in 
a final judgment, including a claim or cause of action in a suit or 
action pending on or before the effective date of a statute passed 
under this section.
	(e)  Except as provided by Subsection (c) of this section, 
this section applies to a law enacted by the 78th Legislature, 
Regular Session, 2003, and to all subsequent regular or special 
sessions of the legislature.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment authorizing the 
legislature to determine limitations on noneconomic damages."
	SECTION 3.  If a majority of the voters vote against this 
proposed constitutional amendment, a court may not consider any 
aspect of the vote for any purpose, in any manner, or to any extent.