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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for injury arising from a motor vehicle |
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accident. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 92 to read as follows: |
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CHAPTER 92. LIABILITY FOR CERTAIN MOTOR VEHICLE ACCIDENTS |
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Sec. 92.001. DEFINITIONS. In this chapter, "exemplary |
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damages" and "noneconomic damages" have the meanings assigned by |
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Section 41.001. |
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Sec. 92.002. LIABILITY FOR INJURY TO CERTAIN OPERATORS. |
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(a) A person may not obtain noneconomic damages or exemplary |
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damages in a civil action for bodily injury, death, or damage to or |
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destruction of property arising out of a motor vehicle accident if: |
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(1) the person was: |
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(A) operating a motor vehicle at the time of the |
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accident while intoxicated in violation of Section 49.04, Penal |
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Code, or another law of this state relating to the operation of a |
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motor vehicle while intoxicated; and |
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(B) convicted of an offense described by |
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Paragraph (A); or |
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(2) the person was knowingly operating the motor |
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vehicle at the time of the accident in violation of Section 601.051, |
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Transportation Code. |
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(b) Subsection (a) does not apply to a person described by |
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Subsection (a)(2) if the person was injured by another person who |
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was: |
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(1) operating a motor vehicle at the time of the |
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accident while intoxicated in violation of Section 49.04, Penal |
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Code, or another law of this state relating to the operation of a |
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motor vehicle while intoxicated; and |
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(2) convicted of an offense described by Subdivision |
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(1). |
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(c) Except as provided by Subsection (d), Subsection (a) |
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applies to a claim for damages made by a person whose right to |
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recovery derives from an injury to another person whose right to |
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recovery would be barred under Subsection (a), including a claim |
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for wrongful death or for loss of consortium or companionship. |
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(d) This section does not prohibit the recovery of exemplary |
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damages for a wilful act or omission or gross neglect in a wrongful |
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death action brought by or on behalf of a surviving spouse or heirs |
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of the decedent's body under a statute enacted pursuant to Section |
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26, Article XVI, Texas Constitution. A claim for exemplary damages |
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described by this subsection is governed by Chapter 41. |
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(e) Each insurer that issues a motor vehicle liability |
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insurance policy in this state to comply with the requirements of |
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Chapter 601, Transportation Code, including a Lloyd's plan, county |
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mutual insurance company, or reciprocal or interinsurance |
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exchange, shall notify the person to whom the policy is issued of |
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the provisions of Subsections (a)-(d). The notice required by this |
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subsection shall be made at the time the policy is initially issued |
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and at any time coverage under the policy is terminated. The |
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commissioner of insurance by rule shall adopt the form and content |
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of the notice required by this subsection. |
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(f) The Department of Public Safety shall post notice of the |
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provisions of Subsections (a)-(d) at each facility of the |
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department at which an in-person application for issuance or |
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renewal of a license may be made. |
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(g) A person who offers a driving safety course approved by |
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the Texas Education Agency under Chapter 1001, Education Code, |
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shall notify each student in writing of the provisions of |
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Subsections (a)-(d). The Texas Education Agency shall adopt the |
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form and content of the notice required by this subsection. At the |
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option of the person who offers the course, the notice may be |
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included in approved course materials or provided separately from |
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those materials. |
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(h) This section does not prohibit a person described by |
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Subsection (a) from acting in a representative capacity to bring |
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suit on behalf of another person injured in the accident, as next |
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friend or otherwise. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. An action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the action immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |