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.