HBA-MSH H.B. 1147 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1147
By: Nixon, Joe
Civil Practices
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires the award of prejudgment interest in judgments awarded
for a claim of  wrongful death, personal injury, or property damage.
However, because the law does not distinguish between past damages or
future damages in determining prejudgment interest, courts have interpreted
that prejudgment interest applies to both.  House Bill 1147 prohibits the
assessment or recovery of prejudgment interest on an award of future
damages in a wrongful death, personal injury, or property damage case in a
state court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1147 amends the Finance Code to prohibit the assessment or
recovery of prejudgment interest on an award of future damages in a
wrongful death, personal injury, or property damage case in a state court. 

EFFECTIVE DATE

September 1, 2001.