1-1     By:  Turner of Harris (Senate Sponsor - Duncan)        H.B. No. 947
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the survival of a wrongful death suit on the death of
 1-9     the plaintiff.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter B, Chapter 71, Civil Practice and
1-12     Remedies Code, is amended by adding Section 71.023 to read as
1-13     follows:
1-14           Sec. 71.023.  DEATH OF PLAINTIFF.  (a)  In this section,
1-15     "child" means a child who is also an heir of the body of the parent
1-16     within the meaning of Section 26, Article XVI, Texas Constitution.
1-17           (b)  If a plaintiff who is a surviving spouse dies while an
1-18     action for damages arising from the death of the spouse is pending,
1-19     the child of the spouse who is the subject of the action may be
1-20     made the plaintiff and the action may be prosecuted as though the
1-21     surviving spouse had not died.
1-22           (c)  Recovery of damages by an individual under this section
1-23     does not affect the recovery of damages by the individual in any
1-24     suit brought in the individual's own name.
1-25           (d)  This section applies to an action for any kind of
1-26     damages, including exemplary damages.
1-27           SECTION 2.  This Act takes effect September 1, 2001, and
1-28     applies only to a cause of action that accrues on or after that
1-29     date.  A cause of action that accrued before the effective date of
1-30     this Act is governed by the law applicable to the action
1-31     immediately before the effective date of this Act, and that law is
1-32     continued in effect for that purpose.
1-33                                  * * * * *