The bill, titled the Christion Fitzgerald Act, amends Section 408.001(b) of the Texas Labor Code to allow the recovery of exemplary damages by the surviving spouse, children, parents, or the estate of a deceased employee whose death was caused by an intentional act or gross negligence of the employer. The previous language that permitted recovery only by the "heirs of the body" has been removed, broadening the scope of eligible claimants.

The changes introduced by this Act will apply only to claims for workers' compensation benefits based on compensable injuries occurring on or after January 1, 2026. However, the effectiveness of this Act is contingent upon the approval of a constitutional amendment proposed by the 89th Legislature in 2025, which would allow for the recovery of exemplary damages in cases of homicide. If the amendment is not approved by voters, the Act will have no effect.

Statutes affected:
Introduced: Labor Code 408.001 (Labor Code 408)