By: Brimer H.B. No. 204 73R1754 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability and liability insurance coverage for damages 1-3 for a motor vehicle accident caused by certain family members. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 85 to read as follows: 1-7 CHAPTER 85. INTERFAMILIAL IMMUNITY FOR MOTOR VEHICLE 1-8 ACCIDENT 1-9 Sec. 85.001. DEFINITIONS. In this chapter: 1-10 (1) "Child" means a natural or adoptive son or 1-11 daughter of any age. 1-12 (2) "Parent" means the mother, the man presumed to be 1-13 the biological father, a man adjudicated to be the biological 1-14 father, or an adoptive mother or father, but does not include a 1-15 parent as to whom the parent-child relationship has been 1-16 terminated. 1-17 Sec. 85.002. LIABILITY OF FAMILY MEMBER. (a) An 1-18 individual may not recover damages from a parent, child, or spouse 1-19 of that individual for personal injury, death, or property damage 1-20 resulting from the operation, maintenance, or use of a motor 1-21 vehicle. 1-22 (b) This section continues to apply if the spousal 1-23 relationship is severed by divorce after the act or omission from 1-24 which the personal injury, death, or property damage arose. 2-1 SECTION 2. Section 21, Texas Motor Vehicle 2-2 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil 2-3 Statutes), is amended by adding Subsection (b-1) to read as 2-4 follows: 2-5 (b-1) The owner's policy of liability insurance must exclude 2-6 coverage for the liability of an individual insured under the 2-7 policy for a bodily injury or property damage sustained by the 2-8 insured or a parent, child, or spouse of the insured. In this 2-9 subsection, "parent" and "child" have the meanings assigned by 2-10 Section 85.001, Civil Practice and Remedies Code. 2-11 SECTION 3. Article 5.06, Insurance Code, is amended by 2-12 adding Subsection (9) to read as follows: 2-13 (9) A policy form adopted under this article must exclude 2-14 coverage for the liability of an individual insured under the 2-15 policy for bodily injury or property damage sustained by the 2-16 insured or a parent, child, or spouse of the insured. In this 2-17 subsection, "parent" and "child" have the meanings assigned by 2-18 Section 85.001, Civil Practice and Remedies Code. 2-19 SECTION 4. This Act takes effect September 1, 1993. 2-20 SECTION 5. Section 1 of this Act applies to a cause of 2-21 action that accrues on or after the effective date of this Act. An 2-22 action that accrued before the effective date of this Act is 2-23 governed by the law in effect at the time the action accrued, and 2-24 that law is continued in effect for that purpose. 2-25 SECTION 6. Sections 2 and 3 of this Act apply only to an 2-26 insurance policy that is delivered, issued for delivery, or renewed 2-27 on or after January 1, l994. A policy that is delivered, issued 3-1 for delivery, or renewed before January 1, 1994, is governed by the 3-2 law as it existed immediately before the effective date of this 3-3 Act, and that law is continued in effect for that purpose. 3-4 SECTION 7. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.