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.