| 1 | 1 | | 89R695 RDS-F |
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| 2 | 2 | | By: Thompson H.B. No. 823 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the recovery of exemplary damages based on a |
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| 10 | 10 | | compensable death under the Texas Workers' Compensation Act. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act may be cited as the Christion Fitzgerald |
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| 13 | 13 | | Act. |
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| 14 | 14 | | SECTION 2. Section 408.001(b), Labor Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (b) This section does not prohibit the recovery of exemplary |
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| 17 | 17 | | damages by the surviving spouse, children, or parents of, or the |
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| 18 | 18 | | estate [or heirs of the body] of, a deceased employee whose death |
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| 19 | 19 | | was caused by an intentional act or omission of the employer or by |
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| 20 | 20 | | the employer's gross negligence. |
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| 21 | 21 | | SECTION 3. The change in law made by this Act applies only |
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| 22 | 22 | | to a claim for workers' compensation benefits based on a |
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| 23 | 23 | | compensable injury that occurs on or after the effective date of |
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| 24 | 24 | | this Act. A claim based on a compensable injury that occurs before |
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| 25 | 25 | | that date is governed by the law in effect on the date the |
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| 26 | 26 | | compensable injury occurred, and the former law is continued in |
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| 27 | 27 | | effect for that purpose. |
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| 28 | 28 | | SECTION 4. This Act takes effect January 1, 2026, but only |
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| 29 | 29 | | if the constitutional amendment proposed by the 89th Legislature, |
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| 30 | 30 | | Regular Session, 2025, allowing recovery of exemplary damages by |
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| 31 | 31 | | parents or a person's estate for a homicide is approved by the |
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| 32 | 32 | | voters. If that amendment is not approved by the voters, this Act |
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| 33 | 33 | | has no effect. |
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