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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability and use of certain evidence in |
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connection with an award of exemplary damages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 41.011, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 41.011. EVIDENCE RELATING TO [AMOUNT OF] EXEMPLARY |
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DAMAGES. |
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SECTION 2. Section 41.011, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(c) to read as follows: |
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(a) In determining the amount of exemplary damages, the |
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trier of fact shall consider evidence, if any, relating to: |
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(1) the nature of the wrong; |
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(2) the character of the conduct involved; |
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(3) the degree of culpability of the wrongdoer; |
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(4) the situation and sensibilities of the parties |
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concerned; and |
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(5) the extent to which such conduct offends a public |
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sense of justice and propriety[; and
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[(6) the net worth of the defendant]. |
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(c) Evidence of the net worth of the defendant is privileged |
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from discovery and inadmissible to the extent the evidence is |
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sought or provided to support a claim for or the amount of exemplary |
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damages. The trier of fact may not consider a defendant's net worth |
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for purposes of supporting a claim for or the amount of exemplary |
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damages. |
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SECTION 3. The change in law made by this Act applies to an |
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action commenced on or after the effective date of this Act. An |
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action commenced before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |