HB823 - Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers' Compensation Act.

  89R695 RDS-F     By: Thompson H.B. No. 823       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 , children, or parents of, or the   estate [ or heirs of the body ] 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 January 1, 2026, but only   if the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, allowing recovery of exemplary damages by   parents or a person's estate for a homicide is approved by the   voters. If that amendment is not approved by the voters, this Act   has no effect.