By Corte H.B. No. 13
77R857 DLF-F
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. DEFINITIONS. In this chapter:
1-10 (1) "Exemplary damages" has the meaning assigned by
1-11 Section 41.001.
1-12 (2) "Noneconomic damages" means damages other than
1-13 compensatory damages for pecuniary loss. The term includes damages
1-14 for physical pain and mental anguish, loss of consortium,
1-15 disfigurement, physical impairment, or loss of companionship and
1-16 society. The term does not include exemplary damages.
1-17 Sec. 92.002. LIABILITY FOR INJURY TO CERTAIN OPERATORS.
1-18 (a) A person may not obtain noneconomic damages or exemplary
1-19 damages in a civil action for bodily injury, death, or damage to or
1-20 destruction of property arising out of a motor vehicle accident if:
1-21 (1) the person was:
1-22 (A) operating a motor vehicle, at the time of
1-23 the accident, while intoxicated in violation of Section 49.04,
1-24 Penal Code, or another law of this state relating to the operation
2-1 of a motor vehicle while intoxicated; and
2-2 (B) convicted of an offense described by
2-3 Paragraph (A); or
2-4 (2) the person was knowingly operating the motor
2-5 vehicle, at the time of the accident, in violation of Section
2-6 601.051, Transportation Code.
2-7 (b) Subsection (a) does not apply to a person described by
2-8 Subsection (a)(2) if the person was injured by another person who
2-9 was:
2-10 (1) operating a motor vehicle, at the time of the
2-11 accident, while intoxicated in violation of Section 49.04, Penal
2-12 Code, or another law of this state relating to the operation of a
2-13 motor vehicle while intoxicated; and
2-14 (2) convicted of an offense described by Subdivision
2-15 (1).
2-16 (c) Except as provided by Subsection (d), Subsection (a)
2-17 applies to a claim for damages made by a person whose right to
2-18 recovery derives from an injury to another person whose right to
2-19 recovery would be barred under Subsection (a), including a claim
2-20 for wrongful death or for loss of consortium or companionship.
2-21 (d) This section does not prohibit the recovery of exemplary
2-22 damages for a wilful act or omission or gross neglect in a wrongful
2-23 death action brought by or on behalf of a surviving spouse or heirs
2-24 of the decedent's body under a statute enacted pursuant to Section
2-25 26, Article XVI, Texas Constitution. A claim for exemplary damages
2-26 described by this subsection is governed by Chapter 41.
2-27 (e) Each insurer that issues a policy of motor vehicle
3-1 insurance in this state to comply with the requirements of Chapter
3-2 601, Transportation Code, including a Lloyd's plan insurer, county
3-3 mutual insurer, or reciprocal or interinsurance exchange, shall
3-4 notify the person to whom the policy is issued of the provisions of
3-5 Subsections (a)-(d). The notice required by this subsection shall
3-6 be made at the time the policy is initially issued and at any time
3-7 coverage under the policy is terminated. The commissioner of
3-8 insurance by rule shall adopt the form and content of the notice
3-9 required by this subsection.
3-10 (f) The Department of Public Safety shall post notice of the
3-11 provisions of Subsections (a)-(d) at each facility of the
3-12 department at which an in-person application for issuance or
3-13 renewal of a license may be made.
3-14 (g) A person who offers a driving safety course approved by
3-15 the Texas Education Agency under the Texas Driver and Traffic
3-16 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
3-17 Statutes) shall notify each student in writing of the provisions of
3-18 Subsections (a)-(d). The Texas Education Agency shall adopt the
3-19 form and content of the notice required by this subsection. At the
3-20 option of the person who offers the course, the notice may be
3-21 included in approved course materials or provided separately from
3-22 those materials.
3-23 (h) This section does not prohibit a person described by
3-24 Subsection (a) from acting in a representative capacity to bring
3-25 suit on behalf of another person injured in the accident, as next
3-26 friend or otherwise.
3-27 SECTION 2. This Act applies only to a cause of action that
4-1 accrues on or after the effective date of this Act. An action that
4-2 accrued before the effective date of this Act is governed by the
4-3 law applicable to the action immediately before the effective date
4-4 of this Act, and that law is continued in effect for that purpose.
4-5 SECTION 3. This Act takes effect immediately.