89R18223 MZM-D
By: Hagenbuch S.B. No. 2806
A BILL TO BE ENTITLED
AN ACT
relating to liability for noneconomic damages in connection with a
collision with certain motorists.
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 MOTORISTS
Sec. 72.101. DEFINITION. In this subchapter, "noneconomic
damages" means costs for physical and emotional pain and suffering,
physical impairment, emotional distress, mental anguish, and any
other nonpecuniary loss proximately caused by a motor vehicle
collision.
Sec. 72.102. APPLICABILITY. This subchapter applies only
to a person who, at the time of the motor vehicle collision that is
the subject of an action described by Section 72.103:
(1) fails to establish financial responsibility in
accordance with Chapter 601, Transportation Code;
(2) is driving a motor vehicle while under the
influence of alcohol or a controlled substance;
(3) is driving a motor vehicle that is not registered
as required by Section 502.040, Transportation Code; or
(4) is injured during the commission of a felony
offense for which the person is convicted.
Sec. 72.103. RECOVERY OF NONECONOMIC DAMAGES PROHIBITED.
(a) Except as provided by Section 72.104, a person to whom this
subchapter applies may not recover noneconomic damages for the
motorist's injury or property damage sustained as a result of a
motor vehicle collision.
(b) Except as provided by Section 72.104, the personal
representative of an uninsured motorist 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 motorist's death.
Sec. 72.104. EXCEPTIONS. Section 72.103 does not apply to
noneconomic damages caused by an individual who at the time of the
collision:
(1) was driving while under the influence of alcohol
or a controlled substance; or
(2) caused the collision intentionally, recklessly,
or with gross negligence.
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.