By Turner of Harris H.B. No. 947 77R4115 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the survival of a wrongful death suit on the death of 1-3 the plaintiff. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 71, Civil Practice and 1-6 Remedies Code, is amended by adding Section 71.023 to read as 1-7 follows: 1-8 Sec. 71.023. DEATH OF PLAINTIFF. (a) In this section, 1-9 "child" means a child who is also an heir of the body of the parent 1-10 within the meaning of Section 26, Article XVI, Texas Constitution. 1-11 (b) If a plaintiff who is a surviving spouse dies while an 1-12 action for damages arising from the death of the spouse is pending, 1-13 the child of either spouse may be made the plaintiff and the action 1-14 may be prosecuted as though the surviving spouse had not died. 1-15 (c) Recovery of damages by an individual under this section 1-16 does not affect the recovery of damages by the individual in any 1-17 suit brought in the individual's own name. 1-18 (d) This section applies to an action for any kind of 1-19 damages, including exemplary damages. 1-20 SECTION 2. This Act takes effect September 1, 2001, and 1-21 applies only to a cause of action that accrues on or after that 1-22 date. A cause of action that accrued before the effective date of 1-23 this Act is governed by the law applicable to the action 1-24 immediately before the effective date of this Act, and that law is 2-1 continued in effect for that purpose.