By: Williams S.B. No. 890
(In the Senate - Filed March 2, 2005; March 10, 2005, read
first time and referred to Committee on State Affairs;
April 6, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 6, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 890 By: Williams
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 (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 (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. To the extent of any conflict, this Act prevails
over another Act of the 79th Legislature, Regular Session, 2005,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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