The bill, titled the Christion Fitzgerald Act, amends the Texas Workers' Compensation Act to allow the recovery of exemplary damages for the surviving spouse, children, or parents of a deceased employee whose death was caused by the intentional act or gross negligence of the employer. Specifically, it modifies Section 408.001(b) of the Labor Code by inserting language that includes the deceased employee's estate in the list of eligible claimants while removing the reference to "heirs of the body."

The provisions of this Act will only apply to claims for workers' compensation benefits based on compensable injuries occurring on or after its effective date of January 1, 2026. However, this implementation is contingent upon the approval of a constitutional amendment proposed by the 89th Legislature, 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)