HBA-DMH, H.B. 947 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 947 By: Turner, Sylvester Civil Practices 2/20/2001 Introduced BACKGROUND AND PURPOSE If a plaintiff who is a surviving spouse dies while a cause of action is pending in a wrongful death suit, the cause of action dies with the surviving spouse. Some feel that this may create an incentive for defendants to delay a trial and avoid the ruling of a judge or jury. House Bill 947 allows the child of such a plaintiff in a wrongful death suit to carry on the cause of action on behalf of the plaintiff in the event of the death of the plaintiff. The bill does not impact the ability of the child of the plaintiff to seek damages on his or her own behalf, but will help to ensure that the family of a victim of wrongful death receives just compensation. 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 947 amends the Civil Practice and Remedies Code to authorize the child of either spouse to be made the plaintiff in an action for damages arising from the death of a spouse if a plaintiff who is a surviving spouse dies while an action for damages arising from the death of the spouse is pending. The bill authorizes the action to be prosecuted as though the surviving spouse had not died. The bill provides that recovery of damages by such a child does not affect the recovery of damages by the child in any suit brought in the child's own name. The bill applies to an action for any kind of damages. EFFECTIVE DATE September 1, 2001.