Bill Text: TX HB3158 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers' Compensation Act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2021-05-10 - Referred to Business & Commerce [HB3158 Detail]
Download: Texas-2021-HB3158-Engrossed.html
By: Thompson of Harris, Murr, Davis, et al. | H.B. No. 3158 |
|
||
|
||
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. SHORT TITLE. 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, [ |
||
estate 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 that the | ||
compensable injury occurred, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. |