| 1 | 1 | | 89R8925 SCL-D |
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| 2 | 2 | | By: Gerdes H.B. No. 4961 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to noneconomic damage liability for a collision with a |
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| 10 | 10 | | motorist who failed to establish financial responsibility. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 72, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Subchapter C to read as follows: |
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| 14 | 14 | | SUBCHAPTER C. LIABILITY FOR COLLISION WITH CERTAIN MOTOR VEHICLE |
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| 15 | 15 | | OWNERS AND OPERATORS |
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| 16 | 16 | | Sec. 72.101. DEFINITION. In this subchapter, "financial |
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| 17 | 17 | | responsibility" has the meaning assigned by Section 601.002, |
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| 18 | 18 | | Transportation Code. |
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| 19 | 19 | | Sec. 72.102. PROHIBITED RECOVERY OF NONECONOMIC DAMAGES. |
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| 20 | 20 | | (a) An individual may not recover noneconomic damages for the |
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| 21 | 21 | | individual's injury or property damage sustained as a result of a |
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| 22 | 22 | | motor vehicle collision for which the individual failed to |
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| 23 | 23 | | establish financial responsibility in accordance with Chapter 601, |
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| 24 | 24 | | Transportation Code. |
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| 25 | 25 | | (b) The personal representative of an individual described |
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| 26 | 26 | | by Subsection (a) who died as a result of a motor vehicle collision |
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| 27 | 27 | | may not recover noneconomic damages in a wrongful death action |
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| 28 | 28 | | brought under Subchapter A, Chapter 71, for the individual's death. |
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| 29 | 29 | | SECTION 2. Subchapter C, Chapter 72, Civil Practice and |
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| 30 | 30 | | Remedies Code, as added by this Act, is an exercise of authority |
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| 31 | 31 | | under Section 66(c), Article III, Texas Constitution, and takes |
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| 32 | 32 | | effect only if this Act receives a vote of three-fifths of all the |
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| 33 | 33 | | members elected to each house, as provided by Subsection (e) of that |
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| 34 | 34 | | section. |
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| 35 | 35 | | SECTION 3. Subchapter C, Chapter 72, Civil Practice and |
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| 36 | 36 | | Remedies Code, as added by this Act, applies only to a cause of |
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| 37 | 37 | | action that accrues on or after the effective date of this Act. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2025. |
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