| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability related to a duty to retrofit certain rented |
|
|
or leased motor vehicles with safety devices. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
|
|
amended by adding Section 82.009 to read as follows: |
|
|
Sec. 82.009. LIMITED LIABILITY FOR FAILURE TO RETROFIT |
|
|
CERTAIN RENTED OR LEASED VEHICLES. (a) In this section, "retrofit" |
|
|
means to install new equipment or component parts that were not |
|
|
included in a motor vehicle when the vehicle was manufactured or |
|
|
sold. The term does not include: |
|
|
(1) routine maintenance; or |
|
|
(2) repairs to the vehicle: |
|
|
(A) as a result of wear and tear; or |
|
|
(B) required by damage resulting from an accident |
|
|
or other cause. |
|
|
(b) This section applies only to a motor vehicle: |
|
|
(1) that has a gross vehicle weight rating or gross |
|
|
vehicle weight of at least 6,000 pounds; |
|
|
(2) for which the owner's liability for an accident is |
|
|
governed by 49 U.S.C. Section 30106; and |
|
|
(3) that is not a motor vehicle that was manufactured |
|
|
primarily for use in the transportation of not more than 10 |
|
|
individuals. |
|
|
(c) Except as provided by Subsection (d), in any civil |
|
|
action, including a products liability action, alleging |
|
|
negligence, gross negligence, or strict liability, a seller who |
|
|
rents or leases a motor vehicle to which this section applies to |
|
|
another person is not liable for failing to retrofit the vehicle |
|
|
with component parts or equipment, or for failing to select |
|
|
component parts or equipment included in the vehicle, that were not |
|
|
required by applicable federal motor vehicle safety standards at |
|
|
the time the vehicle was manufactured or sold. |
|
|
(d) Subsection (c) does not apply if the seller fails to |
|
|
comply with a law or regulation, issued after the seller's motor |
|
|
vehicle was manufactured or sold, requiring a mandatory recall or |
|
|
retrofit of the vehicle. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |