By Harris                                              S.B. No. 347
         76R2983 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to liability for injury or property damage arising from a
 1-3     motor vehicle accident and related effects on motor vehicle
 1-4     insurance.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Title 4, Civil Practice and Remedies Code, is
 1-7     amended by adding Chapter 92 to read as follows:
 1-8              CHAPTER 92.  LIABILITY FOR CERTAIN MOTOR VEHICLE
 1-9                                  ACCIDENTS
1-10           Sec. 92.001.  DEFINITION.  In this chapter, "exemplary
1-11     damages" has the meaning assigned by Section 41.001.
1-12           Sec. 92.002.  LIABILITY FOR INJURY TO CERTAIN OPERATORS.
1-13     Except as provided by Section 92.003, a person may not obtain
1-14     damages in a civil action for bodily injury, death, or damage to or
1-15     destruction of property arising out of a motor vehicle accident if,
1-16     at the time of the accident, the person was operating the motor
1-17     vehicle in violation of Section 601.051, Transportation Code.
1-18           Sec. 92.003.  EXCEPTION: DAMAGES INCURRED IN EXCESS OF MOTOR
1-19     VEHICLE SAFETY RESPONSIBILITY ACT.  Section 92.002 does not
1-20     prohibit the recovery of damages for bodily injury, death, or
1-21     damage to or destruction of property arising out of a motor vehicle
1-22     accident to the extent the damages exceed the minimum amounts of
1-23     motor vehicle liability insurance required to establish financial
1-24     responsibility under Sections 601.072(a)(1) and (3), Transportation
 2-1     Code.
 2-2           Sec. 92.004.  EXCEPTION: CERTAIN CRIMINAL CONDUCT.  (a)
 2-3     Section 92.002 does not apply to a claim brought against a person
 2-4     who, in connection with the accident, committed an act that
 2-5     constitutes:
 2-6                 (1)  an offense punishable as a felony; or
 2-7                 (2)  an offense under Chapter 49, Penal Code.
 2-8           (b)  Subsection (a) applies without regard to whether the
 2-9     person is criminally convicted of the offense.
2-10           Sec. 92.005.  DERIVATIVE CLAIMS.  (a)  Except as provided by
2-11     Subsection (b), Section 92.002 and the exceptions established by
2-12     Sections 92.003 and 92.004 apply to a claim for damages made by a
2-13     person whose right to recovery derives from an injury to another
2-14     person whose right to recovery of damages would be barred under
2-15     Section 92.002, including a claim for wrongful death or for loss of
2-16     consortium or companionship.
2-17           (b)  Section 92.002 does not prohibit the recovery of
2-18     exemplary damages for a wilful act or omission or gross neglect in
2-19     a wrongful death action brought by or on behalf of a surviving
2-20     spouse or heirs of the decedent's body under a statute enacted
2-21     pursuant to Section 26, Article XVI, Texas Constitution.
2-22           Sec. 92.006.  REPRESENTATIVE ACTIONS.  Section 92.002 does
2-23     not prohibit a person described by that section from acting in a
2-24     representative capacity to bring suit on behalf of another person
2-25     injured in the accident, as next friend or otherwise.
2-26           SECTION 2.  Subchapter A, Chapter 5, Insurance Code, is
2-27     amended by adding Article 5.06-1A to read as follows:
 3-1           Art. 5.06-1A.  RATE ROLLBACK BASED ON CERTAIN LIMITED
 3-2     LIABILITY
 3-3           Sec. 1.  DEFINITION.  In this article, "motor vehicle
 3-4     insurance" has the meaning assigned by Article 5.01 of this code.
 3-5           Sec. 2.  APPLICATION; RATE ROLLBACK.  (a)  This article
 3-6     applies to an insurer, including a county mutual insurer or an
 3-7     insurer made subject to this subchapter by Article 5.01-2 of this
 3-8     code, who:
 3-9                 (1)  delivers, issues for delivery, or renews a policy
3-10     of motor vehicle insurance in this state; and
3-11                 (2)  accrues savings that are directly attributable to
3-12     the operation of Chapter 92, Civil Practice and Remedies Code.
3-13           (b)  An insurer subject to this article shall pass the
3-14     savings accrued by the insurer to its motor vehicle insurance
3-15     policyholders through a uniform reduction in the premium rate
3-16     charged to each policyholder as prescribed by the commissioner.  To
3-17     implement this requirement, the commissioner may require
3-18     information to be provided by the insurer to the department through
3-19     rate filings, informational hearings, and any other means
3-20     consistent with this code.
3-21           (c)  On or before September 1 of each year, the commissioner
3-22     shall hold a rulemaking hearing under Chapter 2001, Government
3-23     Code, to determine the percentage of rate reductions applicable for
3-24     the subsequent calendar year for  motor vehicle insurance policies
3-25     issued by an insurer subject to this article.  The commissioner by
3-26     rule shall set the applicable percentage not later than October 1
3-27     of each year.  The rate reduction adopted under this section
 4-1     applies to each motor vehicle insurance policy delivered, issued
 4-2     for delivery, or renewed by the insurer on or after January 1 of
 4-3     the subsequent calendar year.
 4-4           (d)  A rate reduction under this section applicable to an
 4-5     insurer subject to this article is in addition to any other rate
 4-6     reduction otherwise applicable to the insurer under this code.
 4-7           Sec. 3.  REPORT TO LEGISLATURE.  The commissioner shall
 4-8     assemble information, conduct hearings, and take other appropriate
 4-9     measures to assess and evaluate changes in the insurance market
4-10     resulting from the implementation of this article and shall report
4-11     findings and recommendations to the legislature not later than
4-12     February 1 of each odd-numbered year.
4-13           SECTION 3.  Chapter 92, Civil Practice and Remedies Code, as
4-14     added by this Act, applies only to a cause of action that accrues
4-15     on or after the effective date of this Act.  An action that accrued
4-16     before the effective date of this Act is governed by the law
4-17     applicable to the action immediately before the effective date of
4-18     this Act, and that law is continued in effect for that purpose.
4-19           SECTION 4.  (a)  Notwithstanding Section 2(c), Article
4-20     5.06-1A, Insurance Code, as added by this Act, not later than the
4-21     30th day after the effective date of this Act the commissioner of
4-22     insurance shall hold a rulemaking hearing under Chapter 2001,
4-23     Government Code, to determine the initial percentage of rate
4-24     reductions applicable under Article 5.06-1A, Insurance Code, as
4-25     added by this Act. The commissioner by rule shall set the
4-26     applicable percentage not later than the 15th day after the date of
4-27     the hearing.
 5-1           (b)  Notwithstanding Subsection (a) of this section, if, on
 5-2     the 60th day after the effective date of this Act, the commissioner
 5-3     of insurance has not issued an order establishing a rate reduction
 5-4     under this section, a six percent rate reduction applies to the
 5-5     base rate in effect on the effective date of this Act.
 5-6           (c)  The rate reduction adopted under Subsection (a) of this
 5-7     section or imposed under Subsection (b) of this section applies to
 5-8     each motor vehicle insurance policy delivered, issued for delivery,
 5-9     or renewed on or after the 60th day after the effective date of
5-10     this Act and continues in force until a subsequent applicable
5-11     percentage is established under Article 5.06-1A, Insurance Code, as
5-12     added by this Act.
5-13           SECTION 5.  The importance of this legislation and the
5-14     crowded condition of the calendars in both houses create an
5-15     emergency and an imperative public necessity that the
5-16     constitutional rule requiring bills to be read on three several
5-17     days in each house be suspended, and this rule is hereby suspended,
5-18     and that this Act take effect and be in force from and after its
5-19     passage, and it is so enacted.