By Corte H.B. No. 164 74R1507 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability for injury arising from a motor vehicle 1-3 accident to a driver who fails to maintain financial 1-4 responsibility. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article I, Texas Motor Vehicle 1-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil 1-8 Statutes), is amended by adding Section 1I to read as follows: 1-9 Sec. 1I. LIABILITY FOR INJURY TO OPERATOR WHO FAILS TO 1-10 MAINTAIN FINANCIAL RESPONSIBILITY. (a) A person may not obtain 1-11 noneconomic damages or exemplary damages in a civil action for 1-12 bodily injury, death, or damage to or destruction of property 1-13 arising out of a motor vehicle accident if, at the time of the 1-14 accident, the person: 1-15 (1) is the operator of a motor vehicle involved in the 1-16 accident; and 1-17 (2) is operating the motor vehicle in violation of 1-18 Section 1A of this Act. 1-19 (b) Subsection (a) of this section applies to a claim for 1-20 damages made by a person whose right to recovery derives from an 1-21 injury to a person whose right to recovery of noneconomic and 1-22 exemplary damages would be barred under Subsection (a), including a 1-23 claim for wrongful death or for loss of consortium or 1-24 companionship. 2-1 (c) In this section: 2-2 (1) "Noneconomic damages" means damages to compensate 2-3 the operator for a loss other than a pecuniary loss, including 2-4 damages for pain and suffering, mental anguish, loss associated 2-5 with disfigurement, and loss of companionship or consortium. 2-6 (2) "Exemplary damages" has the meaning assigned by 2-7 Section 41.001, Civil Practice and Remedies Code. 2-8 SECTION 2. This Act applies only to a cause of action that 2-9 accrues on or after the effective date of this Act. An action that 2-10 accrued before the effective date of this Act is governed by the 2-11 law applicable to the action immediately before the effective date 2-12 of this Act, and that law is continued in effect for that purpose. 2-13 SECTION 3. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted.