| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil liability for injury of a protestor by the |
|
|
operator of a motor vehicle. |
|
|
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 72A to read as follows: |
|
|
CHAPTER 72A. LIABILITY ARISING FROM OPERATION OF MOTOR VEHICLE |
|
|
Sec. 72A.001. INJURY TO PROTESTOR. (a) A person operating |
|
|
a motor vehicle who injures another person with the motor vehicle is |
|
|
not liable for the injury if, at the time of the injury: |
|
|
(1) the person operating the motor vehicle was |
|
|
exercising due care; and |
|
|
(2) the person injured was blocking traffic in a |
|
|
public right-of-way while participating in a protest or |
|
|
demonstration. |
|
|
(b) This section does not affect a person's liability for an |
|
|
injury caused by grossly negligent conduct. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. |
|
|
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 on the 91st day after the last day of the |
|
|
legislative session. |