SRC-CTC H.B. 2537 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2537
77R6868 DAK-DBy: Eiland (Duncan)
Business & Commerce
5/10/2001
Engrossed


DIGEST AND PURPOSE 

The 74th Legislature passed legislation that clarified and strengthened the
standards for awarding exemplary damages, but may not have been intended to
apply to wrongful death actions against employers.  H.B. 2537 specifies
that the provisions regarding exemplary damages do not apply to wrongful
death actions by surviving spouses and heirs against employers that
subscribe to the state's workers' compensation laws.  

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 Section 41.002, Civil Practice and Remedies Code, to
provide that this chapter does not apply to an action to recover exemplary
damages against an employer by the employee's surviving spouse or heirs of
the body in a death action arising out of the course and scope of
employment where the employer is a subscriber to the workers' compensation
laws of this state (Title 5A, Labor Code).  Makes a conforming change. 

SECTION 2.  Provides that the purpose of the amendment to Section 41.002,
Civil Practice and Remedies Code, by this Act, is to clarify existing law. 

SECTION 3.  Effective date: upon passage or September 1, 2001.