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A BILL TO BE ENTITLED
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AN ACT
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relating to damage liability for a collision with a motorist who |
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failed to establish financial responsibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 72, Civil Practice and Remedies Code, is |
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amended by adding Subchapter C to read as follows: |
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SUBCHAPTER C. LIABILITY FOR COLLISION WITH CERTAIN MOTOR VEHICLE |
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OWNERS AND OPERATORS |
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Sec. 72.101. DEFINITIONS. In this subchapter: |
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(1) "Financial responsibility" has the meaning |
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assigned by Section 601.002, Transportation Code. |
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(2) "Noneconomic damages" means costs for physical and |
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emotional pain and suffering, physical impairment, emotional |
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distress, mental anguish, loss of enjoyment, loss of companionship, |
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services, and consortium, and any other nonpecuniary loss |
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proximately caused by a motor vehicle collision. The term does not |
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include: |
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(A) treatment and rehabilitation; |
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(B) medical expenses; |
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(C) loss of economic or educational potential; |
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(D) loss of productivity; |
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(E) absenteeism; |
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(F) support expenses; |
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(G) accidents or injury; and |
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(H) any other pecuniary loss proximately caused |
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by a motor vehicle collision. |
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Sec. 72.102. PROHIBITED RECOVERY OF CERTAIN DAMAGES. (a) |
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Except as provided by Section 72.103, an individual may not recover |
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damages for bodily injury, death, or property damage or noneconomic |
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damages sustained as a result of a motor vehicle collision for which |
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the individual failed to establish financial responsibility in |
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accordance with Chapter 601, Transportation Code. |
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(b) Except as provided by Section 72.103, the personal |
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representative of an individual described by Subsection (a) who |
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died as a result of a motor vehicle collision may not recover |
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damages described by Subsection (a) in a wrongful death action |
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brought under Subchapter A, Chapter 71, for the individual's death. |
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Sec. 72.103. EXCEPTIONS. Section 72.102 does not apply to: |
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(1) an individual who: |
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(A) at the time of the collision on which the |
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action is based had failed to establish financial responsibility in |
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accordance with Chapter 601, Transportation Code, for a period of |
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not more than 45 days; and |
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(B) before the period described by Paragraph (A), |
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had continuously established financial responsibility in |
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accordance with Chapter 601, Transportation Code, for at least one |
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year; |
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(2) an individual who, at the time of the collision on |
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which the action is based: |
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(A) was a passenger in a vehicle and was not the |
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owner or operator of the vehicle for which financial responsibility |
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was not established; |
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(B) was a minor under the age of 18; or |
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(C) was an active-duty member of the armed forces |
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of the United States who had returned from a deployment not more |
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than six months earlier; or |
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(3) damages caused by an individual who at the time of |
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the collision on which the action is based: |
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(A) was driving while under the influence of |
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alcohol or a controlled substance; |
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(B) caused the collision intentionally, |
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recklessly, or with gross negligence; |
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(C) improperly fled from the scene of the |
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collision; or |
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(D) was acting in furtherance of an offense or in |
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immediate flight from an offense that constitutes a felony. |
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SECTION 2. The limitation of liability for noneconomic |
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damages provided by Subchapter C, Chapter 72, Civil Practice and |
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Remedies Code, as added by this Act, is an exercise of authority |
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under Section 66(c), Article III, Texas Constitution, and takes |
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effect only if this Act receives a vote of three-fifths of all the |
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members elected to each house, as provided by Subsection (e) of that |
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section. |
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SECTION 3. Subchapter C, Chapter 72, Civil Practice and |
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Remedies Code, as added by this Act, applies only to a cause of |
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action that accrues on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |