By Bivins S.B. No. 1931
75R11328 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 pain 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:
2-6 (i) intoxicated in violation of Section
2-7 49.04, Penal Code, or another law of this state relating to the
2-8 operation of a motor vehicle while intoxicated; or
2-9 (ii) committing a felony or while in
2-10 immediate flight from the commission of a felony; and
2-11 (B) convicted of an offense described by
2-12 Paragraph (A); or
2-13 (2) the claimant was operating the motor vehicle, at
2-14 the time of the accident, in violation of Chapter 601,
2-15 Transportation Code, or another law of this state requiring
2-16 financial responsibility while operating or using a motor vehicle.
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 (c) This section may not be interpreted to authorize a
2-27 claimant to recover damages in a circumstance for which recovery of
3-1 damages is barred under Chapter 87, as added by Chapter 604, Acts
3-2 of the 74th Legislature, Regular Session, 1995.
3-3 Sec. 92.004. LIABILITY OF INSURER. (a) An insurer is not
3-4 directly or indirectly liable under a motor vehicle liability
3-5 insurance policy or under uninsured or underinsured motorist
3-6 coverage to indemnify a claimant described by Section 92.003(a) for
3-7 noneconomic damages. This section does not apply to a claimant
3-8 described by Section 92.003(b).
3-9 (b) Notwithstanding Article 21.55, Insurance Code, or any
3-10 other law, an insurer may delay payment of all or part of a claim
3-11 that is attributable to noneconomic damages if:
3-12 (1) a criminal action for an offense described by
3-13 Section 92.003(a)(1) has been brought against the claimant;
3-14 (2) the insurer reasonably believes that a criminal
3-15 action for an offense described by Section 92.003(a)(1) may be
3-16 brought against the claimant; or
3-17 (3) the insurer reasonably believes that:
3-18 (A) the claimant is an uninsured motorist as
3-19 described by Section 92.003(a)(2); and
3-20 (B) Section 92.003(b) is not applicable.
3-21 (c) An insurer shall make or deny payment on any part of a
3-22 claim for which payment is delayed under Subsection (b) promptly
3-23 after the resolution of any criminal action against the claimant.
3-24 (d) A delay of payment of all or part of a claim in
3-25 accordance with Subsection (b) is not an unfair method of
3-26 competition or an unfair or deceptive act or practice in the
3-27 business of insurance for purposes of Article 21.21, Insurance
4-1 Code.
4-2 Sec. 92.005. DERIVATIVE CLAIMS. Except as provided by
4-3 Section 92.006, Section 92.003 applies to a claim for damages made
4-4 by a claimant other than a person described by Section 92.003(a)
4-5 if:
4-6 (1) the claimant's right to recovery results from
4-7 injury to a person described by Section 92.003(a), including a
4-8 claim for the wrongful death of the person or a claim for loss of
4-9 consortium with or loss of companionship of the person; and
4-10 (2) the right to recovery of the person described by
4-11 Section 92.003(a) is barred by Section 92.003.
4-12 Sec. 92.006. EXCEPTION. This chapter does not limit the
4-13 award of exemplary damages for a wilful act or omission or gross
4-14 neglect in a wrongful death action brought by or on behalf of a
4-15 surviving spouse or heirs of the decedent's body, in accordance
4-16 with Section 26, Article XVI, Texas Constitution.
4-17 Sec. 92.007. CONVICTION. A person is convicted of an
4-18 offense for purposes of this chapter if:
4-19 (1) a sentence is imposed; or
4-20 (2) the person receives a fine, probation, or deferred
4-21 adjudication, without regard to whether the person admits guilt.
4-22 SECTION 2. This Act applies only to a cause of action that
4-23 accrues on or after the effective date of this Act. A cause of
4-24 action that accrues before the effective date of this Act is
4-25 governed by the law applicable to the cause of action immediately
4-26 before the effective date of this Act, and that law is continued in
4-27 effect for that purpose.
5-1 SECTION 3. This Act takes effect September 1, 1997.
5-2 SECTION 4. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.