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.