78R4699 T

By:  Nixon                                                      H.J.R. No. 39 



A JOINT RESOLUTION

proposing a constitutional amendment relating to limits of 
liability for other than economic 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)  As used in this section, "economic damages" 
means compensatory damages for any pecuniary loss or damage, but 
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 may by statute 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, which is or is claimed to be a cause of, or 
which contributes or is claimed to contribute to, disease, injury, 
or death of a person, 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.  Such a 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, the legislature may by statute enacted after January 
1, 2005, determine the limit of liability for all damages and 
losses, however characterized, other than economic damages, in any 
claim or cause of action not within subsection (b) of this section, 
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 
pursuant to this section a limitation of liability in the statute:
		(1)  that 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)  that applies to all damages and losses, other than 
economic damages, sought with respect to such a claim or cause of 
action, an element of such damage or loss so sought, or a 
combination of such elements;
		(3)  that is subject to increase or decrease over time 
by a means or as otherwise specified by the legislative;
		(4)  that is subject to or conditioned on an event or 
requirement specified by the legislative; or
		(5)  that applies to a claim or cause of action within 
either subsection (a) or subsection (b) of this section which 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 pursuant to this section.
	(e)  This section applies to laws 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 he held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition:  "Amend the Texas Constitution to permit the 
Legislature to determine limitations on non-economic damages."
	SECTION 3.  In the event that a majority of the voters voting 
for or against this proposed constitutional amendment, pursuant to 
Section 2 of this resolution, do not vote for the amendment, no 
consideration for any purpose is to be given by any court in any 
manner or to any extent to any aspect of this vote.