Texas 2025 - 89th Regular

Texas House Bill HB823

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The new provisions introduced by HB 823 signify a potential shift in how compensable death claims are adjudicated within the framework of workers' compensation in Texas. By enabling the recovery of exemplary damages, the bill could incentivize employers to adhere to safety regulations and caution against negligent behavior. The bill specifically applies to claims based on injuries occurring after its effective date, ensuring that future cases can benefit from this legislative advancement, while earlier cases remain under the prior laws.

Summary

House Bill 823, known as the Christion Fitzgerald Act, is aimed at addressing the recovery of exemplary damages in cases of compensable death under the Texas Workers' Compensation Act. The bill specifically allows for the surviving spouse, children, or parents of a deceased employee to recover exemplary damages if the employee's death was caused by the intentional act or gross negligence of the employer. This legislative change expands the rights of family members regarding compensation following a workplace death circumstance attributed to employer misconduct.

Contention

The approval of HB 823 is contingent upon a constitutional amendment allowing recovery of exemplary damages for homicides to be passed in the upcoming 2025 elections. This conditionality introduces a layer of complexity in its enactment, as the success of the bill fundamentally relies on the voters' approval of the proposed amendment. In debates surrounding the bill, there may also be concerns voiced from stakeholders regarding how such changes could affect insurance premiums and the overall landscape of workplace safety accountability.

Companion Bills

TX HJR65

Enabling for Proposing a constitutional amendment allowing recovery of exemplary damages by parents or a person's estate for a homicide.

Previously Filed As

TX HB4806

Relating to recovery of damages in civil actions.

TX S0734

Actions for Recovery of Damages for Wrongful Death

TX H0025

Damages Recoverable in Wrongful Death Actions

TX SB292

Revise caps on noneconomic, punitive, and exemplary damages

TX B26-0061

Parity in Workers’ Compensation Recovery Act of 2025

TX SB2409

Workers' Compensation; vaccine-related accidents or injuries shall be compensable.

TX SB30

Relating to recovery of health care-related damages in certain civil actions.

TX HB510

Workers' Compensation Law; increase maximum total recovery under to 520 weeks.

TX HB92

Workers' Compensation Law; increase maximum total recovery under to 520 weeks.

TX H6017

Recovery of Damages for Medical Negligence Resulting in Death

Similar Bills

No similar bills found.