| 1 | 1 | | 84R328 AJA-D |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 820 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability for injury arising from certain motor vehicle |
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| 8 | 8 | | accidents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 72A to read as follows: |
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| 12 | 12 | | CHAPTER 72A. LIABILITY FOR CERTAIN MOTOR VEHICLE ACCIDENTS |
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| 13 | 13 | | Sec. 72A.001. DEFINITIONS. In this chapter, "exemplary |
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| 14 | 14 | | damages" and "noneconomic damages" have the meanings assigned by |
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| 15 | 15 | | Section 41.001. |
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| 16 | 16 | | Sec. 72A.002. LIABILITY FOR INJURY TO CERTAIN OPERATORS. |
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| 17 | 17 | | (a) A person may not obtain noneconomic damages or exemplary |
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| 18 | 18 | | damages in a civil action for bodily injury, death, or damage to or |
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| 19 | 19 | | destruction of property arising out of a motor vehicle accident if |
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| 20 | 20 | | the person was operating the motor vehicle at the time of the |
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| 21 | 21 | | accident in violation of Section 601.051, Transportation Code. |
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| 22 | 22 | | (b) Subsection (a) does not apply to a person described by |
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| 23 | 23 | | Subsection (a) if the person is injured by another person: |
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| 24 | 24 | | (1) who is operating a motor vehicle at the time of the |
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| 25 | 25 | | accident while intoxicated in violation of Section 49.04, Penal |
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| 26 | 26 | | Code, or another law of this state relating to the operation of a |
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| 27 | 27 | | motor vehicle while intoxicated and who is convicted of an offense; |
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| 28 | 28 | | (2) whose wilful act or omission or gross neglect |
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| 29 | 29 | | causes the injury; |
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| 30 | 30 | | (3) who flees from the scene of the accident; or |
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| 31 | 31 | | (4) who, at the time of the accident, is acting in |
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| 32 | 32 | | furtherance of the commission of a felony. |
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| 33 | 33 | | (c) Subsection (a) applies to a claim for damages made by a |
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| 34 | 34 | | person whose right to recovery derives from an injury to another |
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| 35 | 35 | | person whose right to recovery would be barred under Subsection |
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| 36 | 36 | | (a), including a claim for wrongful death or for loss of consortium |
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| 37 | 37 | | or companionship. |
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| 38 | 38 | | (d) Each insurer that issues a motor vehicle liability |
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| 39 | 39 | | insurance policy in this state to comply with the requirements of |
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| 40 | 40 | | Chapter 601, Transportation Code, including a Lloyd's plan, county |
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| 41 | 41 | | mutual insurance company, or reciprocal or interinsurance |
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| 42 | 42 | | exchange, shall notify the person to whom the policy is issued of |
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| 43 | 43 | | the provisions of Subsections (a)-(c). The notice required by this |
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| 44 | 44 | | subsection shall be made at the time the policy is initially issued |
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| 45 | 45 | | and at any time coverage under the policy is terminated. The |
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| 46 | 46 | | commissioner of insurance by rule shall adopt the form and content |
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| 47 | 47 | | of the notice required by this subsection. |
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| 48 | 48 | | (e) The Department of Public Safety shall post notice of the |
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| 49 | 49 | | provisions of Subsections (a)-(c) at each facility of the |
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| 50 | 50 | | department at which an in-person application for issuance or |
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| 51 | 51 | | renewal of a driver's license may be made. |
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| 52 | 52 | | (f) A person who offers a driving safety course approved |
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| 53 | 53 | | under Chapter 1001, Education Code, shall notify each student in |
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| 54 | 54 | | writing of the provisions of Subsections (a)-(c). The Texas |
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| 55 | 55 | | Education Agency shall adopt the form and content of the notice |
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| 56 | 56 | | required by this subsection. At the option of the person who offers |
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| 57 | 57 | | the course, the notice may be included in approved course materials |
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| 58 | 58 | | or provided separately from those materials. |
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| 59 | 59 | | (g) This section does not prohibit a person described by |
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| 60 | 60 | | Subsection (a) from acting in a representative capacity to bring |
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| 61 | 61 | | suit on behalf of another person injured in the accident, as next |
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| 62 | 62 | | friend or otherwise. |
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| 63 | 63 | | SECTION 2. This Act applies only to a cause of action that |
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| 64 | 64 | | accrues on or after the effective date of this Act. A cause of |
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| 65 | 65 | | action that accrued before the effective date of this Act is |
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| 66 | 66 | | governed by the law applicable to the cause of action immediately |
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| 67 | 67 | | before the effective date of this Act, and that law is continued in |
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| 68 | 68 | | effect for that purpose. |
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| 69 | 69 | | SECTION 3. This Act is an exercise of authority under |
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| 70 | 70 | | Section 66(c), Article III, Texas Constitution, and takes effect |
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| 71 | 71 | | only if it receives a vote of three-fifths of all the members |
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| 72 | 72 | | elected to each house, as provided by Subsection (e) of that |
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| 73 | 73 | | section. |
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| 74 | 74 | | SECTION 4. This Act takes effect January 1, 2016. |
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