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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of exemplary damages based on a |
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compensable death under the Texas Workers' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Christion Fitzgerald |
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Act. |
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SECTION 2. Section 408.001(b), Labor Code, is amended to |
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read as follows: |
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(b) This section does not prohibit the recovery of exemplary |
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damages by the surviving spouse, children, or parents of, or the |
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estate [or heirs of the body] of, a deceased employee whose death |
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was caused by an intentional act or omission of the employer or by |
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the employer's gross negligence. |
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SECTION 3. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law in effect on the date the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2026, but only |
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if the constitutional amendment proposed by the 89th Legislature, |
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Regular Session, 2025, allowing recovery of exemplary damages by |
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parents or a person's estate for a homicide is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |