HBA-TYH, PDH H.B. 512 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 512 By: Gray Civil Practices 33/23/1999 Committee Report (Amended) 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. 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 Practices 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 (Ethics), Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code. Defines "communication." SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 SECTION 1. Amends proposed Section 18.061, Subchapter C, Civil Practice and Remedies Code, by adding Subsection (c), as follows: (c) 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 for culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator.