79R234 AJA-D

By:  Berman                                                       H.B. No. 125



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.  DEFINITION.  In this chapter, "economic 
damages" has the meaning assigned by Section 66, Article III, Texas 
Constitution.
	Sec. 92.002.  LIABILITY FOR INJURY TO CERTAIN OPERATORS.  
(a)  A person may not obtain damages, other than economic damages, 
in a civil action for bodily injury, death, or damage to or 
destruction of property arising out of a motor vehicle accident if 
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) 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.
	(c)  Each insurer that issues a policy of motor vehicle 
insurance 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) and (b).  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.
	(d)  The Department of Public Safety shall post notice of the 
provisions of Subsections (a) and (b) at each facility of the 
department at which an in-person application for issuance or 
renewal of a license may be made.
	(e)  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) and (b).  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.
	(f)  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.  (a)  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.
	(b)  The Department of Public Safety is not required to 
comply with Section 92.002(d), Civil Practice and Remedies Code, 
before September 1, 2005.
	(c)  A person who offers a driving safety course described by 
Section 92.002(e), Civil Practice and Remedies Code, is not 
required to comply with Section 92.002(e) before September 1, 2005.
	SECTION 3.  This Act is an exercise of authority under 
Section 66(c), Article III, Texas Constitution, and takes effect 
only if it receives a vote of three-fifths of all the members 
elected to each house, as provided by Subsection (e) of that 
section.
	SECTION 4.  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.