89R8925 SCL-D
By: Gerdes H.B. No. 4961
A BILL TO BE ENTITLED
AN ACT
relating to noneconomic damage liability for a collision with a
motorist who failed to establish financial responsibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Civil Practice and Remedies Code, is
amended by adding Subchapter C to read as follows:
SUBCHAPTER C. LIABILITY FOR COLLISION WITH CERTAIN MOTOR VEHICLE
OWNERS AND OPERATORS
Sec. 72.101. DEFINITION. In this subchapter, "financial
responsibility" has the meaning assigned by Section 601.002,
Transportation Code.
Sec. 72.102. PROHIBITED RECOVERY OF NONECONOMIC DAMAGES.
(a) An individual may not recover noneconomic damages for the
individual's injury or property damage sustained as a result of a
motor vehicle collision for which the individual failed to
establish financial responsibility in accordance with Chapter 601,
Transportation Code.
(b) The personal representative of an individual described
by Subsection (a) who died as a result of a motor vehicle collision
may not recover noneconomic damages in a wrongful death action
brought under Subchapter A, Chapter 71, for the individual's death.
SECTION 2. Subchapter C, Chapter 72, Civil Practice and
Remedies Code, as added by this Act, is an exercise of authority
under Section 66(c), Article III, Texas Constitution, and takes
effect only if this Act receives a vote of three-fifths of all the
members elected to each house, as provided by Subsection (e) of that
section.
SECTION 3. Subchapter C, Chapter 72, Civil Practice and
Remedies Code, as added by this Act, applies only to a cause of
action that accrues on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.