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A BILL TO BE ENTITLED
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AN ACT
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relating to standing for receipt of exemplary damages based on a |
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compensable death under the Texas Workers' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 408.001(b) and (c), Labor Code, are |
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amended to read as follows: |
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(b) This section does not prohibit the recovery of exemplary |
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damages by the surviving spouse, parents, or heirs of the body of a |
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deceased employee whose death was caused by an intentional act or |
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omission of the employer or by the employer's gross negligence. The |
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surviving spouse, parents, and heirs of the body of the deceased |
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employee may bring the action or one or more of those individuals |
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may bring the action for the benefit of all. |
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(c) In this section: |
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(1) "Gross[, "gross] negligence" has the meaning |
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assigned by Section 41.001, Civil Practice and Remedies Code. |
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(2) "Parent" includes an adoptive parent or a |
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stepparent. The term does not include a parent whose parental |
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rights have been terminated. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law in effect on the date that the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |