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AN ACT
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relating to liability related to a duty to retrofit certain rented |
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or leased motor vehicles with safety devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
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amended by adding Section 82.009 to read as follows: |
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Sec. 82.009. LIMITED LIABILITY FOR FAILURE TO RETROFIT |
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CERTAIN RENTED OR LEASED VEHICLES. (a) In this section, "retrofit" |
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means to install new equipment or component parts that were not |
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included in a motor vehicle when the vehicle was manufactured or |
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sold. The term does not include: |
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(1) routine maintenance; or |
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(2) repairs to the vehicle: |
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(A) as a result of wear and tear; or |
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(B) required by damage resulting from an accident |
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or other cause. |
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(b) This section applies only to a motor vehicle: |
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(1) that has a gross vehicle weight rating or gross |
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vehicle weight of at least 6,000 pounds; |
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(2) that is governed by 49 U.S.C. Section 30106; and |
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(3) that is not a motor vehicle that was manufactured |
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primarily for use in the transportation of not more than 10 |
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individuals. |
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(c) Except as provided by Subsection (d), in any civil |
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action, including a products liability action, alleging |
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negligence, gross negligence, or strict liability, a seller who |
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rents or leases a motor vehicle to which this section applies to |
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another person is not liable for failing to retrofit the vehicle |
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with component parts or equipment, or for failing to select |
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component parts or equipment included in the vehicle, that were not |
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required by applicable federal motor vehicle safety standards under |
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49 C.F.R. Section 571.1 et seq. in effect at the time the vehicle |
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was manufactured or sold. |
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(d) Subsection (c) does not apply if the seller fails to |
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comply with a law or regulation, issued after the seller's motor |
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vehicle was manufactured or sold, requiring a mandatory recall or |
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retrofit of the vehicle. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4218 was passed by the House on May 4, |
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2023, by the following vote: Yeas 119, Nays 20, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4218 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |