83R3444 AJA-D
By: Thompson of Brazoria H.B. No. 1774
A BILL TO BE ENTITLED
AN ACT
relating to liability for injury arising from certain motor vehicle
accidents.
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 FOR CERTAIN MOTOR VEHICLE ACCIDENTS
Sec. 72A.001. DEFINITIONS. In this chapter, "exemplary
damages" and "noneconomic damages" have the meanings assigned by
Section 41.001.
Sec. 72A.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 to a person described by
Subsection (a) if the person is injured by another person:
(1) who is 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 who is convicted of an offense;
(2) whose wilful act or omission or gross neglect
causes the injury;
(3) who flees from the scene of the accident; or
(4) who, at the time of the accident, is acting in
furtherance of the commission of a felony.
(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 driver's license may be made.
(f) A person who offers a driving safety course approved
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. A cause of
action that accrued before the effective date of this Act is
governed by the law applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act is an exercise of authority under
Section 66(c), Article III, Texas Constitution, and takes effect
only if it receives a vote of three-fifths of all the members
elected to each house, as provided by Subsection (e) of that
section.
SECTION 4. 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, 2013.