75R10500 DLF-F By Corte H.B. No. 18 Substitute the following for H.B. No. 18: By Bonnen C.S.H.B. No. 18 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability for injury arising from a motor vehicle 1-3 accident. 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 92 to read as follows: 1-7 CHAPTER 92. LIABILITY FOR CERTAIN MOTOR VEHICLE 1-8 ACCIDENTS 1-9 Sec. 92.001. LIABILITY FOR INJURY TO CERTAIN OPERATORS. 1-10 (a) A person may not obtain noneconomic damages or exemplary 1-11 damages in a civil action for bodily injury, death, or damage to or 1-12 destruction of property arising out of a motor vehicle accident if: 1-13 (1) the person was: 1-14 (A) operating a motor vehicle, at the time of 1-15 the accident, while intoxicated in violation of Section 49.04, 1-16 Penal Code, or another law of this state relating to the operation 1-17 of a motor vehicle while intoxicated; and 1-18 (B) convicted of an offense described by 1-19 Paragraph (A); or 1-20 (2) the person was knowingly operating the motor 1-21 vehicle, at the time of the accident, in violation of Section 1-22 601.051, Transportation Code. 1-23 (b) Subsection (a) does not apply to a person described by 1-24 Subsection (a)(2) if the person was injured by another person who 2-1 was: 2-2 (1) operating a motor vehicle, at the time of the 2-3 accident, while intoxicated in violation of Section 49.04, Penal 2-4 Code, or another law of this state relating to the operation of a 2-5 motor vehicle while intoxicated; and 2-6 (2) convicted of an offense described by Subdivision 2-7 (1). 2-8 (c) Except as provided by Subsection (d), Subsection (a) 2-9 applies to a claim for damages made by a person whose right to 2-10 recovery derives from an injury to another person whose right to 2-11 recovery of noneconomic and exemplary damages would be barred under 2-12 Subsection (a), including a claim for wrongful death or for loss of 2-13 consortium or companionship. 2-14 (d) This section does not prohibit the recovery of exemplary 2-15 damages for a wilful act or omission or gross neglect in a wrongful 2-16 death action brought by or on behalf of a surviving spouse or heirs 2-17 of the decedent's body under a statute enacted pursuant to Section 2-18 26, Article XVI, Texas Constitution. A claim for exemplary damages 2-19 described by this subsection is governed by Chapter 41. 2-20 (e) Each insurer that issues a policy of motor vehicle 2-21 insurance in this state to comply with the requirements of Chapter 2-22 601, Transportation Code, including a Lloyd's plan insurer, county 2-23 mutual insurer, or reciprocal or interinsurance exchange, shall 2-24 notify the person to whom the policy is issued of the provisions of 2-25 Subsections (a)-(d). The notice required by this subsection shall 2-26 be made at the time the policy is initially issued and at any time 2-27 coverage under the policy is terminated. The commissioner of 3-1 insurance by rule shall adopt the form and content of the notice 3-2 required by this subsection. 3-3 (f) The Department of Public Safety shall post notice of the 3-4 provisions of Subsections (a)-(d) at each facility of the 3-5 department at which an in-person application for issuance or 3-6 renewal of a license may be made. 3-7 (g) A person who offers a driving safety course approved by 3-8 the Texas Education Agency under the Texas Driver and Traffic 3-9 Safety Education Act (Article 4413(29c), Vernon's Texas Civil 3-10 Statutes) shall notify each student in writing of the provisions of 3-11 Subsections (a)-(d). The Texas Education Agency shall adopt the 3-12 form and content of the notice required by this subsection. At the 3-13 option of the person who offers the course, the notice may be 3-14 included in approved course materials or provided separately from 3-15 those materials. 3-16 (h) This section does not prohibit the person described by 3-17 Subsection (a) from acting in a representative capacity to bring 3-18 suit on behalf of another person injured in the accident, as next 3-19 friend or otherwise. 3-20 (i) In this section: 3-21 (1) "Exemplary damages" has the meaning assigned by 3-22 Section 41.001. 3-23 (2) "Noneconomic damages" means damages other than 3-24 compensatory damages for pecuniary loss. The term includes damages 3-25 for physical pain and mental anguish, loss of consortium, 3-26 disfigurement, physical impairment, or loss of companionship and 3-27 society. The term does not include exemplary damages. 4-1 SECTION 2. This Act applies only to a cause of action that 4-2 accrues on or after the effective date of this Act. An action that 4-3 accrued before the effective date of this Act is governed by the 4-4 law applicable to the action immediately before the effective date 4-5 of this Act, and that law is continued in effect for that purpose. 4-6 SECTION 3. The importance of this legislation and the 4-7 crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended, 4-11 and that this Act take effect and be in force from and after its 4-12 passage, and it is so enacted.