78R1364 SGA-D


By:  Turner                                                       H.B. No. 48 



A BILL TO BE ENTITLED

AN ACT

relating to the survival of a wrongful death suit on the death of 
the plaintiff.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter B, Chapter 71, Civil Practice and 
Remedies Code, is amended by adding Section 71.023 to read as 
follows:
	Sec. 71.023.  DEATH OF PLAINTIFF. (a)  In this section, 
"child" means a child who is also an heir of the body of the parent 
within the meaning of Section 26, Article XVI, Texas Constitution.
	(b)  If a plaintiff who is a surviving spouse dies while an 
action for damages arising from the death of the spouse is pending, 
the child of the spouse who is the subject of the action may be made 
the plaintiff and the action may be prosecuted as though the 
surviving spouse had not died.
	(c)  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 individual's own name.
	(d)  This section applies to an action for any kind of 
damages, including exemplary damages.
	SECTION 2.   This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  A cause of action that accrued before the effective date of 
this Act is governed by the law applicable to the action immediately 
before the effective date of this Act, and that law is continued in 
effect for that purpose.