H.B. 48 78(R)    BILL ANALYSIS


H.B. 48
By: Turner
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In order to avoid the ruling of a judge and jury, certain defendants in
wrongful death suits use tactics to delay the initiation of a trial.
Occasionally this tactic is used to delay the start of a trial until the
plaintiff has died, causing the cause of action to die along with them. It
is the intent of HB 48 to curtail an incentive for procrastination on the
part of defendants, in addition to ensuring that the family of a victim of
wrongful death receives just compensation. 

HB 48 will allow the child of a plaintiff in a wrongful death suit to
carry on the cause of action on behalf of the plaintiff in the event of
the death of the plaintiff. HB 48 does not impact the ability of the child
of the plaintiff to seek damages on their own behalf. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HB 48 amends Subchapter B, Chapter 71 of the Civil Practice and Remedies
Code by                  adding Section 71.023 to allow that if a
plaintiff who is a surviving spouse dies while an action for damages
arising from the death of the spouse is pending, then the child of either
spouse may be made the plaintiff and the action may be prosecuted as
though the surviving spouse had not died. Recovery of damages by an
individual under this section does not affect the recovery of damages by
the individual in any suit brought in the individuals own name. In this
section "child" means a child who is the heir of the body of the parent
within the meaning of Section 26, Article XVI of the Texas Constitution. 

EFFECTIVE DATE

September 1, 2003.