78R8663 DAK-D

By:  Nelson                                                     S.J.R. No. 48 


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 September 13, 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.