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


Office of House Bill AnalysisH.B. 947
By: Turner, Sylvester
Civil Practices
2/20/2001
Introduced



BACKGROUND 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.  Some feel that this may create an incentive for
defendants to delay a trial and avoid the ruling of a judge or jury.  House
Bill 947 allows the child of such a plaintiff in a wrongful death suit to
carry on the cause of action on behalf of the plaintiff in the event of the
death of the plaintiff.  The bill does not impact 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 either spouse 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 an action for damages arising from the death of the spouse 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.