HBA-JEK H.B. 2537 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2537
By: Eiland
Civil Practices
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

The 74th Legislature passed legislation that clarified and strengthened the
standards for awarding exemplary damages, but may not have been intended to
apply to wrongful death actions against employers.  House Bill 2537
specifies that the provisions regarding exemplary damages do not apply to
wrongful death actions by surviving spouses and heirs against employers
that subscribe to workers' compensation laws. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2537 amends the Civil Practice and Remedies Code to set forth
that the provisions regarding exemplary damages do not apply to an action
to recover exemplary damages against an employer by the employee's
surviving spouse or heirs of the body in a death action arising out of the
course and scope of employment with an employer that subscribes to the
workers' compensation laws of this state. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.