81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 25 of 126
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S -S.B. No. 1540
1 ENPLYEE. (a) A corporation, receiver, or other person operating
2 a ra ilroad in this state is liable for damages to a person who,
3 whi; loyed by the railroad operator, is injured as a result of:
4 , (1) the negligence of an officer, agent, or employee
5 of he r ilroad operator; or
6 (2) any defect or insufficiency due to the railroad
7 operate 's negligence in its cars, engines, appliances, machinery,
8 track, odbed, works, boats, wharves, or other equipment.
9 (b) If an employee dies as a result of the negligence,
10 defect, or insufficiency described by Subsection (a), the railroad
11 operator is liable to the employee's personal representative for
.12 th benefitt of the employee's surviving spouse and children and the
13 employee's parents or, if the employee is not survived by a spouse,
14 child, or parent, to the employee's next of kin who is dependent on
15 the employee.
16 ' (c), Damages recovered under Subsection (b) are not liable
17 for the debts of the deceased and shall be divided among the persons
18 entitled to the benefit of the action who are living, in shares the
19 fact finder considers proper.
20 (d)) An action under Subsection (b) may be brought without
21 administration by all parties entitled to damages under that
22 subsection, or by any one or more of those parties, for the benefit
23 of all of those parties. If all parties entitled to recover are not
24 before the cour , the action may proceed for the benefit of the
25 parties who are before the court. (V.A.C.S. Art. 6439.)
26 ' Sec. 112.153. CONTRIBUTORY NEGLIGENCE. (a) In an action
27 under Section 112.152, the employee's contributory negligence is
i:~ t o
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/25/: accessed January 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.