| 1 | 1 | | H.B. No. 4218 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to liability related to a duty to retrofit certain rented |
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| 6 | 6 | | or leased motor vehicles with safety devices. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
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| 9 | 9 | | amended by adding Section 82.009 to read as follows: |
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| 10 | 10 | | Sec. 82.009. LIMITED LIABILITY FOR FAILURE TO RETROFIT |
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| 11 | 11 | | CERTAIN RENTED OR LEASED VEHICLES. (a) In this section, "retrofit" |
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| 12 | 12 | | means to install new equipment or component parts that were not |
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| 13 | 13 | | included in a motor vehicle when the vehicle was manufactured or |
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| 14 | 14 | | sold. The term does not include: |
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| 15 | 15 | | (1) routine maintenance; or |
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| 16 | 16 | | (2) repairs to the vehicle: |
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| 17 | 17 | | (A) as a result of wear and tear; or |
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| 18 | 18 | | (B) required by damage resulting from an accident |
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| 19 | 19 | | or other cause. |
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| 20 | 20 | | (b) This section applies only to a motor vehicle: |
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| 21 | 21 | | (1) that has a gross vehicle weight rating or gross |
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| 22 | 22 | | vehicle weight of at least 6,000 pounds; |
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| 23 | 23 | | (2) that is governed by 49 U.S.C. Section 30106; and |
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| 24 | 24 | | (3) that is not a motor vehicle that was manufactured |
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| 25 | 25 | | primarily for use in the transportation of not more than 10 |
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| 26 | 26 | | individuals. |
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| 27 | 27 | | (c) Except as provided by Subsection (d), in any civil |
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| 28 | 28 | | action, including a products liability action, alleging |
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| 29 | 29 | | negligence, gross negligence, or strict liability, a seller who |
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| 30 | 30 | | rents or leases a motor vehicle to which this section applies to |
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| 31 | 31 | | another person is not liable for failing to retrofit the vehicle |
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| 32 | 32 | | with component parts or equipment, or for failing to select |
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| 33 | 33 | | component parts or equipment included in the vehicle, that were not |
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| 34 | 34 | | required by applicable federal motor vehicle safety standards under |
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| 35 | 35 | | 49 C.F.R. Section 571.1 et seq. in effect at the time the vehicle |
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| 36 | 36 | | was manufactured or sold. |
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| 37 | 37 | | (d) Subsection (c) does not apply if the seller fails to |
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| 38 | 38 | | comply with a law or regulation, issued after the seller's motor |
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| 39 | 39 | | vehicle was manufactured or sold, requiring a mandatory recall or |
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| 40 | 40 | | retrofit of the vehicle. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a cause of action that accrues on or after the effective date of |
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| 43 | 43 | | this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I certify that H.B. No. 4218 was passed by the House on May 4, |
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| 48 | 48 | | 2023, by the following vote: Yeas 119, Nays 20, 1 present, not |
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| 49 | 49 | | voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | I certify that H.B. No. 4218 was passed by the Senate on May |
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| 53 | 53 | | 17, 2023, by the following vote: Yeas 31, Nays 0. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Secretary of the Senate |
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| 56 | 56 | | APPROVED: _____________________ |
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| 57 | 57 | | Date |
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| 58 | 58 | | _____________________ |
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| 59 | 59 | | Governor |
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