HBA-TYH, PDH H.B. 512 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 512 By: Gray Civil Practices 7/1/1999 Enrolled BACKGROUND AND PURPOSE H.B. 512 prohibits the introduction in a civil action of certain sympathetic statements made to the injured person or the injured person's family member when used to prove liability or fault. However, this bill permits the admission of an excited utterance or a communication concerning negligence or culpable conduct to prove the liability of the communicator. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 18, Civil Practice and Remedies Code, by adding Subchapter C, as follows: SUBCHAPTER C. ADMISSIBILITY Sec. 18.061. COMMUNICATIONS OF SYMPATHY. Prohibits a court in a civil action from admitting a communication which sympathizes with the pain, suffering, or death of an individual involved in an accident and that is being offered to prove liability of the communicator in relation to the individual if the communication is made to the individual or a person related to the individual, as determined under Subchapter B (Relationship by Consanguinity or by Affinity), Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code. Defines "communication." Provides that, notwithstanding other provisions of this section, a communication, including an excited utterance as defined by Rule 803(2) (Hearsay Exceptions; Availability of Declarant Immaterial), Texas Rules of Evidence, which also includes a statement concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.