79R671 DLF-D

By:  Corte                                                        H.B. No. 15 



A BILL TO BE ENTITLED

AN ACT

relating to liability for injury arising from a motor vehicle 
accident.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Title 4, Civil Practice and Remedies Code, is 
amended by adding Chapter 92 to read as follows:

CHAPTER 92.  LIABILITY FOR CERTAIN MOTOR VEHICLE ACCIDENTS
	Sec. 92.001.  DEFINITIONS.  In this chapter, "exemplary 
damages" and "noneconomic damages" have the meanings assigned by 
Section 41.001.
	Sec. 92.002.  LIABILITY FOR INJURY TO CERTAIN OPERATORS. 
(a)  A person may not obtain noneconomic damages or exemplary 
damages in a civil action for bodily injury, death, or damage to or 
destruction of property arising out of a motor vehicle accident if:
		(1)  the person was:                                                   
			(A)  operating a motor vehicle at the time of the 
accident while intoxicated in violation of Section 49.04, Penal 
Code, or another law of this state relating to the operation of a 
motor vehicle while intoxicated; and
			(B)  convicted of an offense described by 
Paragraph (A); or         
		(2)  the person was knowingly operating the motor 
vehicle at the time of the accident in violation of Section 601.051, 
Transportation Code.
	(b)  Subsection (a) does not apply to a person described by 
Subsection (a)(2) if the person was injured by another person who 
was:
		(1)  operating a motor vehicle at the time of the 
accident while intoxicated in violation of Section 49.04, Penal 
Code, or another law of this state relating to the operation of a 
motor vehicle while intoxicated; and
		(2)  convicted of an offense described by Subdivision 
(1).           
	(c)  Except as provided by Subsection (d), Subsection (a) 
applies to a claim for damages made by a person whose right to 
recovery derives from an injury to another person whose right to 
recovery would be barred under Subsection (a), including a claim 
for wrongful death or for loss of consortium or companionship.
	(d)  This section does not prohibit the recovery of exemplary 
damages for a wilful act or omission or gross neglect in a wrongful 
death action brought by or on behalf of a surviving spouse or heirs 
of the decedent's body under a statute enacted pursuant to Section 
26, Article XVI, Texas Constitution.  A claim for exemplary damages 
described by this subsection is governed by Chapter 41.
	(e)  Each insurer that issues a motor vehicle liability 
insurance policy in this state to comply with the requirements of 
Chapter 601, Transportation Code, including a Lloyd's plan, county 
mutual insurance company, or reciprocal or interinsurance 
exchange, shall notify the person to whom the policy is issued of 
the provisions of Subsections (a)-(d).  The notice required by this 
subsection shall be made at the time the policy is initially issued 
and at any time coverage under the policy is terminated.  The 
commissioner of insurance by rule shall adopt the form and content 
of the notice required by this subsection.
	(f)  The Department of Public Safety shall post notice of the 
provisions of Subsections (a)-(d) at each facility of the 
department at which an in-person application for issuance or 
renewal of a license may be made.
	(g)  A person who offers a driving safety course approved by 
the Texas Education Agency under Chapter 1001, Education Code, 
shall notify each student in writing of the provisions of 
Subsections (a)-(d). The Texas Education Agency shall adopt the 
form and content of the notice required by this subsection.  At the 
option of the person who offers the course, the notice may be 
included in approved course materials or provided separately from 
those materials.
	(h)  This section does not prohibit a person described by 
Subsection (a) from acting in a representative capacity to bring 
suit on behalf of another person injured in the accident, as next 
friend or otherwise.
	SECTION 2.   This Act applies only to a cause of action that 
accrues on or after the effective date of this Act.  An action that 
accrued before the effective date of this Act is governed by the law 
applicable to the action immediately before the effective date of 
this Act, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.