HB 823

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
SECTION 2.  Section 408.001(b), Labor Code, is amended to
(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
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