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HJR 65

Proposing a constitutional amendment allowing recovery of exemplary damages by parents or a person's estate for a homicide.

89th Legislature (2025) Introduced by Senfronia Thompson

Texas constitutional amendment proposal allows families to pursue exemplary damages in civil homicide lawsuits, potentially increasing financial liability but with undefined qualifying conduct thresholds.

Referred to Judiciary & Civil Jurisprudence
#civilremedies&liabilities(i0065) #crimes--againstpersons--general(i0170) #labor--workers'compensation(i0470) #resolutions--constitutionalamendments(i0661)
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Bill Summary · HJR 65

Legislative bill overview

HJR 65 proposes a Texas constitutional amendment that would allow parents or an estate to recover exemplary (punitive) damages in civil lawsuits resulting from a homicide. Currently, Texas law generally prohibits such damages in wrongful death cases. This amendment would require voter approval to modify the state constitution.

Why is this important

Exemplary damages can be substantially larger than actual damages and serve both to punish defendants and deter future misconduct. This change could significantly increase financial liability in homicide cases, potentially affecting insurance costs, civil litigation outcomes, and settlement amounts. It also raises questions about what constitutes "exemplary" conduct warranting punitive damages in fatal incidents.

Potential points of contention

  • Scope and definition: The bill doesn't specify what conduct would qualify for exemplary damages in homicide cases, creating uncertainty about when families could pursue them (e.g., reckless driving, intentional acts, negligence)
  • Liability and costs: Expanded damages could substantially increase insurance premiums, business liability, and litigation expenses, with unclear economic impacts on various industries
  • Duplicative punishment: Critics may argue that exemplary damages in civil court could constitute "double punishment" when criminal penalties already exist for the same conduct
  • Constitutional balance: Questions about whether this expands remedies appropriately or creates excessive civil liability beyond traditional wrongful death damages

Compiled from official sources — confirm details with the bill’s official record.

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