| 1 | 1 | | 88R2760 RDS-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 102 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the recovery of exemplary damages based on a |
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| 8 | 8 | | compensable death under the Texas Workers' Compensation Act. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act may be cited as the Christion Fitzgerald |
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| 11 | 11 | | Act. |
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| 12 | 12 | | SECTION 2. Section 408.001(b), Labor Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) This section does not prohibit the recovery of exemplary |
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| 15 | 15 | | damages by the surviving spouse, [or] heirs of the body, or the |
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| 16 | 16 | | estate of a deceased employee whose death was caused by an |
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| 17 | 17 | | intentional act or omission of the employer or by the employer's |
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| 18 | 18 | | gross negligence. |
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| 19 | 19 | | SECTION 3. The change in law made by this Act applies only |
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| 20 | 20 | | to a claim for workers' compensation benefits based on a |
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| 21 | 21 | | compensable injury that occurs on or after the effective date of |
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| 22 | 22 | | this Act. A claim based on a compensable injury that occurs before |
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| 23 | 23 | | that date is governed by the law in effect on the date the |
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| 24 | 24 | | compensable injury occurred, and the former law is continued in |
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| 25 | 25 | | effect for that purpose. |
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| 26 | 26 | | SECTION 4. This Act takes effect September 1, 2023. |
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