By Gray, McReynolds H.B. No. 512
76R736 DAK-D
A BILL TO BE ENTITLED
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 SECTION 2. This Act takes effect September 1, 1999, and
2-1 applies only to the admissibility of a communication in a
2-2 proceeding that begins on or after that date. The admissibility of
2-3 a communication in a proceeding that began before the effective
2-4 date of this Act is governed by the law applicable to the
2-5 admissibility of the communication immediately before the effective
2-6 date of this Act, and that law is continued in effect for that
2-7 purpose.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 COMMITTEE AMENDMENT NO. 1
2-14 Amends H.B. 512 of Chapter 18, Subchapter C, Section 18.061 in the
2-15 Civil Practice and Remedies Code by inserting subsection (c) in
2-16 between lines 23 and 24 to read as follows:
2-17 (c) Notwithstanding the provisions of Sections (a) and (b),
2-18 a communication, including an excited utterance as defined by Rule
2-19 803(2) of the Texas Rules of Evidence, which also includes a
2-20 statement or statements concerning negligence or culpable conduct
2-21 pertaining to an accident or event, is admissible to prove
2-22 liability of the communicator.
2-23 Bosse