HBA-TYH, PDH H.B. 512 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 512
By: Gray
Civil Practices
7/1/1999
            Enrolled



BACKGROUND AND PURPOSE 

H.B. 512 prohibits the introduction in a civil action of certain
sympathetic statements made to the injured person or the injured person's
family member when used to prove liability or fault. However, this bill
permits the admission of an excited utterance or a communication concerning
negligence or culpable conduct to prove the liability of the communicator. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 18, Civil Practice and Remedies Code, by adding
Subchapter C, as follows: 

SUBCHAPTER C.  ADMISSIBILITY

Sec. 18.061.  COMMUNICATIONS OF SYMPATHY.  Prohibits a court in a civil
action from admitting a communication which sympathizes with the pain,
suffering, or death of an individual involved in an accident and that is
being offered to prove liability of the communicator in relation to the
individual if the communication is made to the individual or a person
related to the individual, as determined under Subchapter B (Relationship
by Consanguinity or by Affinity), Chapter 573 (Degrees of Relationship;
Nepotism Prohibitions), Government Code.  Defines "communication."
Provides that, notwithstanding other provisions of this section, a
communication, including an excited utterance as defined by Rule 803(2)
(Hearsay Exceptions; Availability of Declarant Immaterial), Texas Rules of
Evidence, which also includes a statement concerning negligence or culpable
conduct pertaining to an accident or event, is admissible to prove
liability of the communicator. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.