Sec. 18.061.  COMMUNICATIONS OF SYMPATHY.  (a)  A court in a civil action may not admit a communication that:
(1)  expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident;
(2)  is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code;  and
(3)  is offered to prove liability of the communicator in relation to the individual.
(b)  In this section, "communication" means:
(1)  a statement;
(2)  a writing;  or
(3)  a gesture that conveys a sense of compassion or commiseration emanating from humane impulses.
(c)  Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator.
Added by Acts 1999, 76th Leg., ch. 673, Sec. 1, eff. Sept. 1, 1999.