79R496 MFC-D

By:  Williams                                                     S.B. No. 890



A BILL TO BE ENTITLED

AN ACT

relating to the amount of recovery in a civil action.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 33.012, Civil Practice and Remedies 
Code, as amended by Chapter 136, Acts of the 74th Legislature, 
Regular Session, 1995, and Chapter 204, Acts of the 78th 
Legislature, Regular Session, 2003, is amended to read as follows:
	Sec. 33.012.  AMOUNT OF RECOVERY.  (a)  If the claimant is 
not barred from recovery under Section 33.001, the court shall 
reduce the amount of damages to be recovered by the claimant with 
respect to a cause of action by a percentage equal to the claimant's 
percentage of responsibility.
	(b)  If the claimant has settled with one or more persons, 
the court shall further reduce the amount of damages to be recovered 
by the claimant with respect to a cause of action by [a percentage 
equal to each settling person's percentage of responsibility.
	[(c)  Notwithstanding Subsection (b), if the claimant in a 
health care liability claim filed under Chapter 74 has settled with 
one or more persons, the court shall further reduce the amount of 
damages to be recovered by the claimant with respect to a cause of 
action by] an amount equal to one of the following, as elected by 
the defendant:
		(1)  the sum of the dollar amounts of all settlements;  
or                  
		(2)  a percentage equal to each settling person's 
percentage of responsibility as found by the trier of fact.
	(c) [(d)]  An election made under Subsection (b) [(c)] shall 
be made by any defendant filing a written election before the issues 
of the action are submitted to the trier of fact and when made, 
shall be binding on all defendants.  If no defendant makes this 
election or if conflicting elections are made, all defendants are 
considered to have elected Subsection (b) [(c)](1).
	(d)  This section shall not apply to benefits paid by or on 
behalf of an employer to an employee pursuant to workers' 
compensation insurance coverage, as defined in Section 
401.011(44), Labor Code, in effect at the time of the act, event, or 
occurrence made the basis of claimant's suit.
	SECTION 2.  (a)  This Act applies to all actions:                              
		(1)  commenced on or after the effective date of this 
Act; or               
		(2)  pending on the effective date of this Act and in 
which the trial, or any new trial or retrial following motion, 
appeal, or otherwise, begins on or after that effective date.
	(b)  For an action commenced before the effective date of 
this Act, a trial, new trial, or retrial that is in progress on the 
effective date is governed by the law applicable to the trial, new 
trial, or retrial immediately before that date, and that law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.