H.B. No. 4218
AN ACT
relating to liability related to a duty to retrofit certain rented
or leased motor vehicles with safety devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 82, Civil Practice and Remedies Code, is
amended by adding Section 82.009 to read as follows:
Sec. 82.009. LIMITED LIABILITY FOR FAILURE TO RETROFIT
CERTAIN RENTED OR LEASED VEHICLES. (a) In this section, "retrofit"
means to install new equipment or component parts that were not
included in a motor vehicle when the vehicle was manufactured or
sold. The term does not include:
(1) routine maintenance; or
(2) repairs to the vehicle:
(A) as a result of wear and tear; or
(B) required by damage resulting from an accident
or other cause.
(b) This section applies only to a motor vehicle:
(1) that has a gross vehicle weight rating or gross
vehicle weight of at least 6,000 pounds;
(2) that is governed by 49 U.S.C. Section 30106; and
(3) that is not a motor vehicle that was manufactured
primarily for use in the transportation of not more than 10
individuals.
(c) Except as provided by Subsection (d), in any civil
action, including a products liability action, alleging
negligence, gross negligence, or strict liability, a seller who
rents or leases a motor vehicle to which this section applies to
another person is not liable for failing to retrofit the vehicle
with component parts or equipment, or for failing to select
component parts or equipment included in the vehicle, that were not
required by applicable federal motor vehicle safety standards under
49 C.F.R. Section 571.1 et seq. in effect at the time the vehicle
was manufactured or sold.
(d) Subsection (c) does not apply if the seller fails to
comply with a law or regulation, issued after the seller's motor
vehicle was manufactured or sold, requiring a mandatory recall or
retrofit of the vehicle.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4218 was passed by the House on May 4,
2023, by the following vote: Yeas 119, Nays 20, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4218 was passed by the Senate on May
17, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor