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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for noneconomic damages in connection with a |
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collision with certain motorists. |
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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 MOTORISTS |
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Sec. 72.101. DEFINITION. In this subchapter, "noneconomic |
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damages" means costs for physical and emotional pain and suffering, |
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physical impairment, emotional distress, mental anguish, and any |
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other nonpecuniary loss proximately caused by a motor vehicle |
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collision. |
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Sec. 72.102. APPLICABILITY. This subchapter applies only |
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to a person who, at the time of the motor vehicle collision that is |
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the subject of an action described by Section 72.103: |
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(1) fails to establish financial responsibility in |
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accordance with Chapter 601, Transportation Code; |
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(2) is driving a motor vehicle while under the |
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influence of alcohol or a controlled substance; |
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(3) is driving a motor vehicle that is not registered |
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as required by Section 502.040, Transportation Code; or |
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(4) is injured during the commission of a felony |
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offense for which the person is convicted. |
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Sec. 72.103. RECOVERY OF NONECONOMIC DAMAGES PROHIBITED. |
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(a) Except as provided by Section 72.104, a person to whom this |
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subchapter applies may not recover noneconomic damages for the |
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motorist's injury or property damage sustained as a result of a |
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motor vehicle collision. |
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(b) Except as provided by Section 72.104, the personal |
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representative of an uninsured motorist who died as a result of a |
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motor vehicle collision may not recover noneconomic damages in a |
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wrongful death action brought under Subchapter A, Chapter 71, for |
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the motorist's death. |
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Sec. 72.104. EXCEPTIONS. Section 72.103 does not apply to |
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noneconomic damages caused by an individual who at the time of the |
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collision: |
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(1) was driving while under the influence of alcohol |
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or a controlled substance; or |
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(2) caused the collision intentionally, recklessly, |
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or with gross negligence. |
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SECTION 2. 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. |