Capitol Research Services of Texas > Reports

Settlement Credit (§ 33.012, Civ. Prac. & Rem. Code)

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  • S.B. 890, 79th Leg., R.S. (2005)
  • Amends Sec. 33.012(b), Civil Practice and Remedies Codes, regarding settlement credit
  • Report: 34 pages
  • 25 Exhibits (109 pages)
  • Fee: $145 (downloadable eBook)
  • Download the eBook directly from the Capitol Research website


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Hard Copy Report

  • S.B. 890, 79th Leg., R.S. (2005)
  • Amends Sec. 33.012(b), Civil Practice and Remedies Codes, regarding settlement credit
  • Report: 34 pages
  • 25 Exhibits (109 pages)
  • Fee: $195
  • Shipping: $20


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Abstract

In 2005, the 79th Texas Legislature passed S.B. 890 which amended the settlement credit provision of § 33.012, Civil Practice and Remedies Code.

Sec. 33.012, CPRC, originated in Section 2(b) of the former Art. 6686, Vernon’s Revised Civil Statutes, which was first passed in 1973. This article was transferred into the Civil Practice and Remedies Code in 1985 and numbered as § 33.012. Major tort reform measures amended the provision in 1987, 1995, and 2003.

The 1987 amendment codified the "one-satisfaction" rule (the Bradshaw Rule). Subsequent amendments allowed a non-settling defendant to elect either a dollar-for-dollar credit for all settlements with the plaintiff, a credit based on the percentage of liability assigned to the parties by the trier of fact, or a statutory sliding scale. However, in 2003, H.B. 4 eliminated the election of the dollar-for-dollar or sliding scale credit, except for those sued for health care liability.

S.B. 890 restored the election of the dollar-for-dollar settlement credit.

Exhibits

1973
1. Act of March 27, 1973, 63rd Leg., R.S., ch. 28, 1973 Tex. Gen. Laws, 41

1985
2. Civil Practice and Remedies Code, 69th Leg., R.S., ch. 959, 1995 Tex. Gen. Laws, 3242

1987
3. Act of June 3, 1987, 70th Leg., 1st C.S., ch. 2, 1987 Tex. Gen. Laws, 37

1995
4. Act of May 8, 1995, 74th Leg., R.S., ch. 136, 1995 Tex. Gen. Laws, 971

2003
5. Act of June 2, 2003, 78th Leg., R.S., ch. 204, 2003 Tex. Gen. Laws, 847

2005
6. Tex. S.B. 890, 79th Leg., R.S., Master Bill History Report (2005)

7. Tex. S.B. 890, As Introduced, 79th Leg., R.S. (2005)

8. Tex. S.B. 890, Senate Committee Report, 79th Leg., R.S. (2005)

9. Tex. S.B. 890, House Committee Report, 79th Leg., R.S. (2005)

10. Tex. S.B. 890, Enrolled, 79th Leg., R.S. (2005)

11. SENATE RESEARCH CENTER, Bill Analysis for S.B. 890 – Enrolled (DATE, 2005)

12. CAPITOL RESEARCH SERVICES, Hearings on S.B. 890 Before the Senate Committee on State Affairs, 79th Leg. R.S. (March 31, 2005)

13. CAPITOL RESEARCH SERVICES, Hearings on S.B. 890 Before the Senate Committee on State Affairs, 79th Leg. R.S. (March 31, 2005)

14. CAPITOL RESEARCH SERVICES, Debate on S.B. 890 On the Floor of the Senate (Second and Third Readings), 79th Leg. R.S. (April 13, 2005)

15. CAPITOL RESEARCH SERVICES, Debate on S.B. 890 On the Floor of the House (Second Reading), 79th Leg. R.S. (May 24, 2005)

16. CAPITOL RESEARCH SERVICES, Debate on S.B. 890 On the Floor of the House (Third Reading), 79th Leg. R.S. (May 25, 2005)

17. CAPITOL RESEARCH SERVICES, Debate on S.B. 890 On the Floor of the House (House Amendments), 79th Leg. R.S. (May 27, 2005)

18. S.J. of Tex., 79th Leg., R.S. 972-973, 4119-4120 (2005)

19. H.J. of Tex., 79th Leg., R.S. 4213, 4476-4477 (2005)

20. Act of May 27, 2005, 79th Leg., R.S., ch. xx, 2005 Tex. Gen. Laws (not yet published)

21. TEXAS CIVIL PRACTICE & REMEDIES CODE, § 33.012 (Vernon & Supp. 2004-2005)