1-1 AN ACT 1-2 relating to the admissibility in a civil action of certain 1-3 communications of sympathy. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 18, Civil Practice and Remedies Code, is 1-6 amended by adding Subchapter C to read as follows: 1-7 SUBCHAPTER C. ADMISSIBILITY 1-8 Sec. 18.061. COMMUNICATIONS OF SYMPATHY. (a) A court in a 1-9 civil action may not admit a communication that: 1-10 (1) expresses sympathy or a general sense of 1-11 benevolence relating to the pain, suffering, or death of an 1-12 individual involved in an accident; 1-13 (2) is made to the individual or a person related to 1-14 the individual within the second degree by consanguinity or 1-15 affinity, as determined under Subchapter B, Chapter 573, Government 1-16 Code; and 1-17 (3) is offered to prove liability of the communicator 1-18 in relation to the individual. 1-19 (b) In this section, "communication" means: 1-20 (1) a statement; 1-21 (2) a writing; or 1-22 (3) a gesture that conveys a sense of compassion or 1-23 commiseration emanating from humane impulses. 1-24 (c) Notwithstanding the provisions of Subsections (a) and 2-1 (b), a communication, including an excited utterance as defined by 2-2 Rule 803(2) of the Texas Rules of Evidence, which also includes a 2-3 statement or statements concerning negligence or culpable conduct 2-4 pertaining to an accident or event, is admissible to prove 2-5 liability of the communicator. 2-6 SECTION 2. This Act takes effect September 1, 1999, and 2-7 applies only to the admissibility of a communication in a 2-8 proceeding that begins on or after that date. The admissibility of 2-9 a communication in a proceeding that began before the effective 2-10 date of this Act is governed by the law applicable to the 2-11 admissibility of the communication immediately before the effective 2-12 date of this Act, and that law is continued in effect for that 2-13 purpose. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 512 was passed by the House on April 15, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 512 was passed by the Senate on May 26, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor