81R2506 TJS-D
By: Corte H.B. No. 42
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. DEFINITIONS. In this chapter, "exemplary
damages" and "noneconomic damages" have the meanings assigned by
Section 41.001.
Sec. 92.002. LIABILITY FOR INJURY TO CERTAIN OPERATORS.
(a) A person may not obtain noneconomic damages or exemplary
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) does not apply if the person seeking
damages was injured by:
(1) another person who was:
(A) operating a motor vehicle at the time of the
accident while intoxicated in violation of Section 49.04, Penal
Code, or another law of this state relating to the operation of a
motor vehicle while intoxicated; and
(B) convicted of an offense described by
Subdivision (1); or
(2) the wilful act or omission or gross neglect of
another person.
(c) 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.
(d) Each insurer that issues a motor vehicle liability
insurance policy 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)-(c). 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.
(e) The Department of Public Safety shall post notice of the
provisions of Subsections (a)-(c) at each facility of the
department at which an in-person application for issuance or
renewal of a license may be made.
(f) 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)-(c). 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.
(g) 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. 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.
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 September 1, 2009.