By:  Nixon, et al. (Senate Sponsor - Ratliff)                   H.J.R. No. 3  
	(In the Senate - Received from the House March 31, 2003; 
March 31, 2003, read first time and referred to Committee on State 
Affairs; May 14, 2003, reported favorably by the following vote:  
Yeas 7, Nays 0; May 14, 2003, sent to printer.)


HOUSE JOINT RESOLUTION


proposing a constitutional amendment concerning civil lawsuits 
against doctors and health care providers, and other actions, 
authorizing the legislature to determine limitations on 
non-economic damages.
	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)  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.
	(e)  A legislative exercise of authority under Subsection 
(c) of this section requires a three-fifths vote of all the members 
elected to each house and must include language citing this 
section.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held September 13, 
2003.  The ballot shall be printed to permit voting for or against 
the proposition:  "The constitutional amendment concerning civil 
lawsuits against doctors and health care providers, and other 
actions, authorizing the legislature to determine limitations on 
non-economic 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.



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