SRC-JBJ H.B. 947 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 947
77R8903 DAK-DBy: Turner, Sylvester (Duncan)
Jurisprudence
5/4/2001
Engrossed


DIGEST AND PURPOSE 

If a plaintiff who is a surviving spouse dies while a cause of action is
pending in a wrongful death suit, the cause of action dies with the
surviving spouse.  There are some concerns that this potential scenario may
create an incentive for defendants to delay a trial and avoid the ruling of
a judge or jury.  H.B. 947 allows the child of the spouse who is the
subject of the action to be made the plaintiff and carry on the cause of
action on behalf of the plaintiff in the event of the death of the
plaintiff.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 71B, Civil Practice and Remedies Code, by adding
Section 71.023, as follows: 

 Sec. 71.023.  DEATH OF PLAINTIFF.  (a)  Defines "child."

(b)  Authorizes the child of the spouse who is the subject of the action,
if a plaintiff who is a surviving spouse dies while an action for damages
arising from the death of the spouse is pending, to be made the plaintiff
and authorizes the action to be prosecuted as though the surviving spouse
had not died. 

(c)  Provides that recovery of damages by an individual under this section
does not affect the recovery of damages by the individual in any suit
brought in the individual's own name. 
 
(d)  Provides that this section applies to an action for any kind of
damages, including exemplary damages. 
 
SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.