Texas House Bill HB2888

Texas 2025 - 89th Regular

• Filed: 2/14/25

Caption

Relating to the right of a motorist who fails to hold a driver's license or maintain motor vehicle liability insurance or other financial responsibility for a motor vehicle to recover damages arising from a motor vehicle collision.

Impact

The implications of HB2888 may extend to a wide range of motor vehicle operators within Texas. By preventing unlicensed or uninsured motorists from filing claims, the bill could lead to reduced litigation over auto accidents where one party is not compliant with state law. Supporters of the bill argue that this measure protects lawful drivers from being unfairly targeted by individuals who violate essential traffic regulations. However, there is concern that it may disproportionately affect vulnerable populations who may have limited access to transportation and insurance.

Summary

House Bill 2888 proposes a significant alteration in the civil rights of motorists in Texas who operate vehicles without a valid driver's license or insurance. This bill seeks to amend Chapter 72 of the Civil Practice and Remedies Code by introducing a new subchapter that restricts the ability of these motorists to seek civil damages from other drivers or their insurers in the event of a vehicle collision. Essentially, if a motorist is found to be in violation of the requirement to maintain a driver's license or liability insurance, they are barred from initiating a lawsuit for damages against any other party involved in the accident.

Contention

Opposition to HB2888 primarily centers around the potential inequities introduced by such a policy. Critics argue that this bill may leave some injured parties without recourse for damages, essentially denying justice to victims of accidents caused by unlicensed or uninsured drivers. The bill may also raise ethical questions about state responsibilities towards drivers who inadvertently lack compliance due to financial hardship or other circumstances. As discussions continue within the legislative framework, stakeholders are divided on the balance between reducing frivolous lawsuits and ensuring fair access to legal remedies for all drivers.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 72. Liability Of Motor Vehicle Owner Or Operator
  • Section: New Section

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 021

• Chapter 601. Motor Vehicle Safety Responsibility Act
  • Section: 051