By Corte H.B. No. 3401
75R6383 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for injury arising out of 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. PERSONAL RESPONSIBILITY
1-8 FOR MOTOR VEHICLE ACCIDENTS
1-9 Sec. 92.001. DEFINITIONS. In this chapter:
1-10 (1) "Claimant" means a party seeking to recover
1-11 damages, including a plaintiff, counterclaimant, cross-claimant, or
1-12 third-party plaintiff.
1-13 (2) "Economic damages" means compensatory damages for
1-14 pecuniary loss. The term does not include exemplary damages or
1-15 damages for physical and mental anguish, loss of consortium,
1-16 disfigurement, physical impairment, or loss of companionship and
1-17 society.
1-18 (3) "Exemplary damages" has the meaning assigned by
1-19 Section 41.001.
1-20 (4) "Noneconomic damages" means damages other than
1-21 economic damages.
1-22 Sec. 92.002. SCOPE OF CHAPTER. This chapter applies only to
1-23 a civil action to recover damages arising out of an accident
1-24 involving the operation or use of a motor vehicle.
2-1 Sec. 92.003. LIMITATION ON DAMAGES. (a) A claimant may not
2-2 recover noneconomic damages if:
2-3 (1) the claimant was:
2-4 (A) operating a motor vehicle, at the time of
2-5 the accident, while intoxicated in violation of Section 49.04,
2-6 Penal Code, or another law of this state relating to the operation
2-7 of a motor vehicle while intoxicated; and
2-8 (B) convicted of an offense described by
2-9 Paragraph (A); or
2-10 (2) the claimant was:
2-11 (A) operating the motor vehicle, at the time of
2-12 the accident, in violation of Chapter 601, Transportation Code, or
2-13 another law of this state requiring financial responsibility while
2-14 operating or using a motor vehicle; and
2-15 (B) convicted of an offense described by
2-16 Paragraph (A).
2-17 (b) Subsection (a) does not apply to a claimant described
2-18 by Subsection (a)(2) if the claimant was injured by another person
2-19 who was:
2-20 (1) operating a motor vehicle, at the time of the
2-21 accident, while intoxicated in violation of Section 49.04, Penal
2-22 Code, or another law of this state relating to the operation of a
2-23 motor vehicle while intoxicated; and
2-24 (2) convicted of an offense described by Subdivision
2-25 (1).
2-26 Sec. 92.004. LIABILITY OF INSURER. (a) An insurer is not
2-27 directly or indirectly liable under a motor vehicle liability
3-1 insurance policy or under uninsured or underinsured motorist
3-2 coverage to indemnify a claimant described by Section 92.003(a) for
3-3 noneconomic damages. This section does not apply to a claimant
3-4 described by Section 92.003(b).
3-5 (b) Notwithstanding Article 21.55, Insurance Code, or any
3-6 other law, an insurer may delay payment of all or part of a claim
3-7 that is attributable to noneconomic damages if:
3-8 (1) a criminal action for an offense described by
3-9 Section 92.003 has been brought against the claimant; or
3-10 (2) the insurer reasonably believes that a criminal
3-11 action for an offense described by Section 92.003 may be brought
3-12 against the claimant.
3-13 (c) An insurer shall make or deny payment on any part of a
3-14 claim that is attributable to noneconomic damages promptly after
3-15 the resolution of any criminal action against the claimant.
3-16 (d) A delay of payment of all or part of a claim in
3-17 accordance with Subsection (b) is not an unfair method of
3-18 competition or an unfair or deceptive act or practice in the
3-19 business of insurance for purposes of Article 21.21, Insurance
3-20 Code.
3-21 Sec. 92.005. DERIVATIVE CLAIMS. Except as provided by
3-22 Section 92.006, Section 92.003 applies to a claim for damages made
3-23 by a claimant other than a person described by Section 92.003(a)
3-24 if:
3-25 (1) the claimant's right to recovery results from
3-26 injury to a person described by Section 92.003(a), including a
3-27 claim for the wrongful death of the person or a claim for loss of
4-1 consortium with or loss of companionship of the person; and
4-2 (2) the right to recovery of the person described by
4-3 Section 92.003(a) is barred by Section 92.003.
4-4 Sec. 92.006. EXCEPTION. This chapter does not limit the
4-5 award of exemplary damages for a wilful act or omission or gross
4-6 neglect in a wrongful death action brought by or on behalf of a
4-7 surviving spouse or heirs of the decedent's body, in accordance
4-8 with Section 26, Article XVI, Texas Constitution.
4-9 Sec. 92.007. CONVICTION. A person is convicted of an
4-10 offense for purposes of this chapter if:
4-11 (1) a sentence is imposed; or
4-12 (2) the person receives a fine, probation, or deferred
4-13 adjudication, without regard to whether the person admits guilt.
4-14 SECTION 2. This Act applies only to a cause of action that
4-15 accrues on or after the effective date of this Act. A cause of
4-16 action that accrues before the effective date of this Act is
4-17 governed by the law applicable to the cause of action immediately
4-18 before the effective date of this Act, and that law is continued in
4-19 effect for that purpose.
4-20 SECTION 3. This Act takes effect September 1, 1997.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.