DMH C.S.H.B. 947 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 947
By: Turner, Sylvester
Civil Practices
3/14/2001
Committee Report (Substituted)



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.
C.S.H.B. 947 allows the child of the spouse who is the subject of the
action to be made the plaintiff and carry on the cause of action on behalf
of the plaintiff in the event of the death of the plaintiff.  The bill does
not affect 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

C.S.H.B. 947 amends the Civil Practice and Remedies Code to authorize the
child of the spouse who is the subject of an action 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 said action 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 947 modifies the original bill by specifying that the child of the
spouse who is the subject of the action, rather than the child of either
spouse, may be made the plaintiff in the specified action for damages.