1-1 By: Gray, McReynolds (Senate Sponsor - Ellis) H.B. No. 512 1-2 (In the Senate - Received from the House April 16, 1999; 1-3 April 19, 1999, read first time and referred to Committee on 1-4 Economic Development; May 14, 1999, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the admissibility in a civil action of certain 1-9 communications of sympathy. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 18, Civil Practice and Remedies Code, is 1-12 amended by adding Subchapter C to read as follows: 1-13 SUBCHAPTER C. ADMISSIBILITY 1-14 Sec. 18.061. COMMUNICATIONS OF SYMPATHY. (a) A court in a 1-15 civil action may not admit a communication that: 1-16 (1) expresses sympathy or a general sense of 1-17 benevolence relating to the pain, suffering, or death of an 1-18 individual involved in an accident; 1-19 (2) is made to the individual or a person related to 1-20 the individual within the second degree by consanguinity or 1-21 affinity, as determined under Subchapter B, Chapter 573, Government 1-22 Code; and 1-23 (3) is offered to prove liability of the communicator 1-24 in relation to the individual. 1-25 (b) In this section, "communication" means: 1-26 (1) a statement; 1-27 (2) a writing; or 1-28 (3) a gesture that conveys a sense of compassion or 1-29 commiseration emanating from humane impulses. 1-30 (c) Notwithstanding the provisions of Subsections (a) and 1-31 (b), a communication, including an excited utterance as defined by 1-32 Rule 803(2) of the Texas Rules of Evidence, which also includes a 1-33 statement or statements concerning negligence or culpable conduct 1-34 pertaining to an accident or event, is admissible to prove 1-35 liability of the communicator. 1-36 SECTION 2. This Act takes effect September 1, 1999, and 1-37 applies only to the admissibility of a communication in a 1-38 proceeding that begins on or after that date. The admissibility of 1-39 a communication in a proceeding that began before the effective 1-40 date of this Act is governed by the law applicable to the 1-41 admissibility of the communication immediately before the effective 1-42 date of this Act, and that law is continued in effect for that 1-43 purpose. 1-44 SECTION 3. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended. 1-49 * * * * *