It adds parents and the estate, keeps spouse and children.
This bill changes who can sue for extra punishment damages when a worker dies because the employer acted on purpose or with gross negligence. It adds the worker's parents and estate to the list of people who can recover those damages, keeps the spouse and children, and drops the older wording about heirs of the body. It applies only to injuries on or after January 1, 2026, and only if Texas voters approve a matching constitutional amendment; otherwise the bill has no effect.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 102 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 102 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Trade, Workforce & Economic Development subcommittee on Workforce. No public hearing. The bill died.
relating to the recovery of exemplary damages based on a
compensable death under the Texas Workers' Compensation Act.
WHAT IT DOES
It adds parents and the estate, keeps spouse and children.
This bill changes who can sue for extra punishment damages when a worker dies because the employer acted on purpose or with gross negligence. It adds the worker's parents and estate to the list of people who can recover those damages, keeps the spouse and children, and drops the older wording about heirs of the body. It applies only to injuries on or after January 1, 2026, and only if Texas voters approve a matching constitutional amendment; otherwise the bill has no effect.
Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Trade, Workforce & Economic Development · Final status: Died in committee
Enabling legislation for HJR 65.
Subjects
Civil Remedies & Liabilities
Labor--Workers' Compensation
CHRISTION FITZGERALD ACT (PM7GK)
Text
The text as introduced · 249 words
89R695 RDS-F
By: Thompson
H.B. No. 823
A BILL TO BE ENTITLED
AN ACT
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. 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 , children, or parents of, or the
estate [ or heirs of the body ] 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 the
compensable injury occurred, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect January 1, 2026, but only
if the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, allowing recovery of exemplary damages by
parents or a person's estate for a homicide is approved by the
voters. If that amendment is not approved by the voters, this Act
has no effect.