Bill Summary – FastDemocracy

         
            88R2760 RDS-F
         
		By: Thompson of Harris
            H.B. No. 102
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the recovery of exemplary damages based on a 
         
            compensable death under the Texas Workers' Compensation Act.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  This Act may be cited as the Christion Fitzgerald 
         
            Act.
         
                   SECTION 2.  Section 408.001(b), Labor Code, is amended to 
         
            read as follows:
         
                   (b)  This section does not prohibit the recovery of exemplary 
         
            damages by the surviving spouse, [or] heirs of the body, or the 
         
            estate of a deceased employee whose death was caused by an 
         
            intentional act or omission of the employer or by the employer's 
         
            gross negligence.
         
                   SECTION 3.  The change in law made by this Act applies only 
         
            to a claim for workers' compensation benefits based on a 
         
            compensable injury that occurs on or after the effective date of 
         
            this Act. A claim based on a compensable injury that occurs before 
         
            that date is governed by the law in effect on the date the 
         
            compensable injury occurred, and the former law is continued in 
         
            effect for that purpose.
         
                   SECTION 4.  This Act takes effect September 1, 2023.
         
Statutes affected: 
Introduced: Labor Code 408.001 (Labor Code 408)
House Committee Report: Labor Code 408.001 (Labor Code 408)
Engrossed: Labor Code 408.001 (Labor Code 408)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the recovery of exemplary damages based on a
	compensable death under the Texas Workers' Compensation Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act may be cited as the Christion Fitzgerald
	Act.
	SECTION 2. Section 408.001(b), Labor Code, is amended to
	read as follows:
	(b) This section does not prohibit the recovery of exemplary
	damages by the surviving spouse, [or] heirs of the body, or the
	estate of a deceased employee whose death was caused by an
	intentional act or omission of the employer or by the employer's
	gross negligence.
	SECTION 3. The change in law made by this Act applies only
	to a claim for workers' compensation benefits based on a
	compensable injury that occurs on or after the effective date of
	this Act. A claim based on a compensable injury that occurs before
	that date is governed by the law in effect on the date the
	compensable injury occurred, and the former law is continued in
	effect for that purpose.
	SECTION 4. This Act takes effect September 1, 2023.