S.B. No. 890
relating to the amount of recovery in a civil action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 33.012, Civil Practice
and Remedies Code, is amended to read as follows:
(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 the sum of the
dollar amounts of all settlements [
a percentage equal to each
settling person's percentage of responsibility].
SECTION 2. (a) This Act applies to all actions:
(1) commenced on or after the effective date of this
(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 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.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 890 passed the Senate on
April 13, 2005, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 890 passed the House, with
amendment, on May 25, 2005, by the following vote: Yeas 142,
Nays 0, two present not voting.
Chief Clerk of the House