Texas 2025 - 89th Regular

Texas House Bill HB3095 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13828 SCL-F
2	2	By: Morgan H.B. No. 3095
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to damage liability for a collision with a motorist who
10	10	failed to establish financial responsibility.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 72, Civil Practice and Remedies Code, is
13	13	amended by adding Subchapter C to read as follows:
14	14	SUBCHAPTER C. LIABILITY FOR COLLISION WITH CERTAIN MOTOR VEHICLE
15	15	OWNERS AND OPERATORS
16	16	Sec. 72.101. DEFINITIONS. In this subchapter:
17	17	(1) "Financial responsibility" has the meaning
18	18	assigned by Section 601.002, Transportation Code.
19	19	(2) "Noneconomic damages" means costs for physical and
20	20	emotional pain and suffering, physical impairment, emotional
21	21	distress, mental anguish, loss of enjoyment, loss of companionship,
22	22	services, and consortium, and any other nonpecuniary loss
23	23	proximately caused by a motor vehicle collision. The term does not
24	24	include:
25	25	(A) treatment and rehabilitation;
26	26	(B) medical expenses;
27	27	(C) loss of economic or educational potential;
28	28	(D) loss of productivity;
29	29	(E) absenteeism;
30	30	(F) support expenses;
31	31	(G) accidents or injury; and
32	32	(H) any other pecuniary loss proximately caused
33	33	by a motor vehicle collision.
34	34	Sec. 72.102. PROHIBITED RECOVERY OF CERTAIN DAMAGES. (a)
35	35	Except as provided by Section 72.103, an individual may not recover
36	36	damages for bodily injury, death, or property damage or noneconomic
37	37	damages sustained as a result of a motor vehicle collision for which
38	38	the individual failed to establish financial responsibility in
39	39	accordance with Chapter 601, Transportation Code.
40	40	(b) Except as provided by Section 72.103, the personal
41	41	representative of an individual described by Subsection (a) who
42	42	died as a result of a motor vehicle collision may not recover
43	43	damages described by Subsection (a) in a wrongful death action
44	44	brought under Subchapter A, Chapter 71, for the individual's death.
45	45	Sec. 72.103. EXCEPTIONS. Section 72.102 does not apply to:
46	46	(1) an individual who:
47	47	(A) at the time of the collision on which the
48	48	action is based had failed to establish financial responsibility in
49	49	accordance with Chapter 601, Transportation Code, for a period of
50	50	not more than 45 days; and
51	51	(B) before the period described by Paragraph (A),
52	52	had continuously established financial responsibility in
53	53	accordance with Chapter 601, Transportation Code, for at least one
54	54	year;
55	55	(2) an individual who, at the time of the collision on
56	56	which the action is based:
57	57	(A) was a passenger in a vehicle and was not the
58	58	owner or operator of the vehicle for which financial responsibility
59	59	was not established;
60	60	(B) was a minor under the age of 18; or
61	61	(C) was an active-duty member of the armed forces
62	62	of the United States who had returned from a deployment not more
63	63	than six months earlier; or
64	64	(3) damages caused by an individual who at the time of
65	65	the collision on which the action is based:
66	66	(A) was driving while under the influence of
67	67	alcohol or a controlled substance;
68	68	(B) caused the collision intentionally,
69	69	recklessly, or with gross negligence;
70	70	(C) improperly fled from the scene of the
71	71	collision; or
72	72	(D) was acting in furtherance of an offense or in
73	73	immediate flight from an offense that constitutes a felony.
74	74	SECTION 2. The limitation of liability for noneconomic
75	75	damages provided by Subchapter C, Chapter 72, Civil Practice and
76	76	Remedies Code, as added by this Act, is an exercise of authority
77	77	under Section 66(c), Article III, Texas Constitution, and takes
78	78	effect only if this Act receives a vote of three-fifths of all the
79	79	members elected to each house, as provided by Subsection (e) of that
80	80	section.
81	81	SECTION 3. Subchapter C, Chapter 72, Civil Practice and
82	82	Remedies Code, as added by this Act, applies only to a cause of
83	83	action that accrues on or after the effective date of this Act.
84	84	SECTION 4. This Act takes effect September 1, 2025.