80R5305 CAE-D
 
  By: Van Arsdale H.B. No. 1053
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to exemplary damages awarded to a noncitizen.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 41, Civil Practice and Remedies Code, is
amended by adding Section 41.014 to read as follows:
       Sec. 41.014.  DISTRIBUTION OF EXEMPLARY DAMAGES AWARDED TO
NONCITIZEN. (a) In this section, "noncitizen" means a person who
is not a citizen or national of the United States.
       (b)  The court shall order an award of exemplary damages
awarded to a claimant who is a noncitizen to be distributed to the
comptroller for deposit in the general revenue fund.
       (c)  The provisions of this section may not be made known to
the jury through any means, including voir dire, introduction into
evidence, or instruction.
       SECTION 2.  Section 41.014, Civil Practice and Remedies
Code, as added by this Act, applies only to an award of exemplary
damages made on or after the effective date of this Act. An award of
exemplary damages made before the effective date of this Act is
governed by the law in effect immediately before the change in law
made by this Act, and that law is continued in effect for that
purpose.
       SECTION 3.  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, 2007.