HBA-DMH H.B. 947 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 947
By: Turner, Sylvester
Civil Practices
8/8/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, if a plaintiff who was a surviving spouse
died while a cause of action was pending in a wrongful death suit, the
cause of action died with the surviving spouse.  Some felt that this
created an incentive for defendants to delay a trial and avoid the ruling
of a judge or jury.  House Bill 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.  The bill does not affect the ability of the child of the
plaintiff to seek damages on his or her own behalf, but will help to ensure
that the family of a victim of wrongful death receives just compensation. 

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. 

ANALYSIS

House Bill 947 amends the Civil Practice and Remedies Code to authorize the
child of the spouse who is the subject of an action to be made the
plaintiff in an action for damages arising from the death of a spouse if a
plaintiff who is a surviving spouse dies while said action is pending.  The
bill authorizes the action to be prosecuted as though the surviving spouse
had not died.  The bill provides that  recovery of damages by such a child
does not affect the recovery of damages by the child in any suit brought in
the child's own name.  The bill applies to an action for any kind of
damages. 

EFFECTIVE DATE

September 1, 2001.