Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers' Compensation Act.

HB 823 would allow surviving spouses, children, parents, or the estate of a worker to seek punitive damages if the worker's death resulted from an employer's intentional act or gross negligence under Texas workers' compensation law. Currently, such damages are not recoverable for work-related deaths under the Texas Workers' Compensation Act. The bill would apply only to deaths occurring on or after January 1, 2026, but only if a related constitutional amendment (proposed by the 89th Legislature) is approved by voters in 2025; otherwise, it would not take effect. Claims for deaths before that date would remain governed by existing law.