BILL ANALYSIS

C.S.H.B. 4327

By: Moody

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, only surviving spouses, children, and parents of a decedent may bring or recover damages from a wrongful death action. The bill author has informed the committee that such a limitation may create inequities in situations where, for example, a person with no known family in those categories is survived by siblings who may effectively stand in the role of parent or child with respect to a wrongful death action. C.S.H.B. 4327 seeks to address this issue by including a surviving sibling among the individuals who may bring or recover damages from a wrongful death action.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4327 amends the Civil Practice & Remedies Code to include a surviving sibling of a decedent among the individuals for whom a wrongful death action to recover damages is the exclusive benefit and thus may bring such an action, including jointly for the benefit of all other authorized individuals. The bill defines "sibling" as a sibling of the whole or half blood or by adoption or a stepsibling.

C.S.H.B. 4327 applies only to an action commenced on or after the bill's effective date. An action commenced before the bill's effective date is governed by the law applicable to the action immediately before the bill's effective date, and that law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4327 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the substitute and the introduced include a decedent's surviving sibling among the individuals who may bring a wrongful death action, including such an action for the benefit of all authorized individuals. However, the substitute includes the following provisions absent from the introduced:

· a provision that includes the surviving sibling among the individuals for whom a wrongful death action to recover damages is an exclusive benefit; and

· a definition for "sibling."