HBA-JEK H.B. 2537 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2537 By: Eiland Civil Practices 3/20/2001 Introduced BACKGROUND AND PURPOSE The 74th Legislature passed legislation that clarified and strengthened the standards for awarding exemplary damages, but may not have been intended to apply to wrongful death actions against employers. House Bill 2537 specifies that the provisions regarding exemplary damages do not apply to wrongful death actions by surviving spouses and heirs against employers that subscribe to workers' compensation laws. 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 2537 amends the Civil Practice and Remedies Code to set forth that the provisions regarding exemplary damages do not apply to an action to recover exemplary damages against an employer by the employee's surviving spouse or heirs of the body in a death action arising out of the course and scope of employment with an employer that subscribes to the workers' compensation laws of this state. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.