By Eiland                                             H.B. No. 2537
         77R6868 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the recovery of exemplary damages by the surviving
 1-3     spouse or heirs of the body of a deceased employee.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 41.002, Civil Practice and Remedies Code,
 1-6     is amended by amending Subsection (c) and adding Subsection (e) to
 1-7     read as follows:
 1-8           (c)  Except as provided by Subsections (b), [and] (d), and
 1-9     (e), in an action to which this chapter applies, the provisions of
1-10     this chapter prevail over all other law to the extent of any
1-11     conflict.
1-12           (e)  This chapter does not apply to an action to recover
1-13     exemplary damages against an employer by the employee's surviving
1-14     spouse or heirs of the body in a death action arising out of the
1-15     course and scope of employment where the employer is a subscriber
1-16     to the workers' compensation laws of this state (Subtitle A, Title
1-17     5, Labor Code).
1-18           SECTION 2. The purpose of the amendment to Section 41.002,
1-19     Civil Practice and Remedies Code, by this Act, is to clarify
1-20     existing law.
1-21           SECTION 3.  This Act takes effect immediately if it receives
1-22     a vote of two-thirds of all the members elected to each house, as
1-23     provided by Section 39, Article III, Texas Constitution.  If this
1-24     Act does not receive the vote necessary for immediate effect, this
 2-1     Act takes effect September 1, 2001.