| Old | New | Differences | |
|---|---|---|---|
| 1 | - | By: Thompson of Harris, Murr, Davis, et al. H.B. No. 3158 | |
| 1 | + | 87R7717 RDS-F | |
| 2 | + | By: Thompson of Harris, Murr, Davis H.B. No. 3158 | |
| 2 | 3 | ||
| 3 | 4 | ||
| 4 | 5 | A BILL TO BE ENTITLED | |
| 5 | 6 | AN ACT | |
| 6 | - | relating to | |
| 7 | + | relating to standing for receipt of exemplary damages based on a | |
| 7 | 8 | compensable death under the Texas Workers' Compensation Act. | |
| 8 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | - | SECTION 1. SHORT TITLE. This Act may be cited as the | |
| 10 | - | Christion Fitzgerald Act. | |
| 11 | - | SECTION 2. Section 408.001(b), Labor Code, is amended to | |
| 12 | - | read as follows: | |
| 10 | + | SECTION 1. Sections 408.001(b) and (c), Labor Code, are | |
| 11 | + | amended to read as follows: | |
| 13 | 12 | (b) This section does not prohibit the recovery of exemplary | |
| 14 | - | damages by the surviving spouse, [or] heirs of the body, or the | |
| 15 | - | estate of a deceased employee whose death was caused by an | |
| 16 | - | intentional act or omission of the employer or by the employer's | |
| 17 | - | gross negligence. | |
| 18 | - | SECTION 3. The change in law made by this Act applies only | |
| 13 | + | damages by the surviving spouse, parents, or heirs of the body of a | |
| 14 | + | deceased employee whose death was caused by an intentional act or | |
| 15 | + | omission of the employer or by the employer's gross negligence. The | |
| 16 | + | surviving spouse, parents, and heirs of the body of the deceased | |
| 17 | + | employee may bring the action or one or more of those individuals | |
| 18 | + | may bring the action for the benefit of all. | |
| 19 | + | (c) In this section: | |
| 20 | + | (1) "Gross[, "gross] negligence" has the meaning | |
| 21 | + | assigned by Section 41.001, Civil Practice and Remedies Code. | |
| 22 | + | (2) "Parent" includes an adoptive parent or a | |
| 23 | + | stepparent. The term does not include a parent whose parental | |
| 24 | + | rights have been terminated. | |
| 25 | + | SECTION 2. The change in law made by this Act applies only | |
| 19 | 26 | to a claim for workers' compensation benefits based on a | |
| 20 | 27 | compensable injury that occurs on or after the effective date of | |
| 21 | 28 | this Act. A claim based on a compensable injury that occurs before | |
| 22 | 29 | that date is governed by the law in effect on the date that the | |
| 23 | 30 | compensable injury occurred, and the former law is continued in | |
| 24 | 31 | effect for that purpose. | |
| 25 | - | SECTION | |
| 32 | + | SECTION 3. This Act takes effect September 1, 2021. |