| 1 | 1 | | 89R18223 MZM-D |
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| 2 | 2 | | By: Hagenbuch S.B. No. 2806 |
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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 liability for noneconomic damages in connection with a |
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| 10 | 10 | | collision with certain motorists. |
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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 MOTORISTS |
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| 15 | 15 | | Sec. 72.101. DEFINITION. In this subchapter, "noneconomic |
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| 16 | 16 | | damages" means costs for physical and emotional pain and suffering, |
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| 17 | 17 | | physical impairment, emotional distress, mental anguish, and any |
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| 18 | 18 | | other nonpecuniary loss proximately caused by a motor vehicle |
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| 19 | 19 | | collision. |
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| 20 | 20 | | Sec. 72.102. APPLICABILITY. This subchapter applies only |
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| 21 | 21 | | to a person who, at the time of the motor vehicle collision that is |
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| 22 | 22 | | the subject of an action described by Section 72.103: |
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| 23 | 23 | | (1) fails to establish financial responsibility in |
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| 24 | 24 | | accordance with Chapter 601, Transportation Code; |
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| 25 | 25 | | (2) is driving a motor vehicle while under the |
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| 26 | 26 | | influence of alcohol or a controlled substance; |
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| 27 | 27 | | (3) is driving a motor vehicle that is not registered |
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| 28 | 28 | | as required by Section 502.040, Transportation Code; or |
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| 29 | 29 | | (4) is injured during the commission of a felony |
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| 30 | 30 | | offense for which the person is convicted. |
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| 31 | 31 | | Sec. 72.103. RECOVERY OF NONECONOMIC DAMAGES PROHIBITED. |
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| 32 | 32 | | (a) Except as provided by Section 72.104, a person to whom this |
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| 33 | 33 | | subchapter applies may not recover noneconomic damages for the |
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| 34 | 34 | | motorist's injury or property damage sustained as a result of a |
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| 35 | 35 | | motor vehicle collision. |
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| 36 | 36 | | (b) Except as provided by Section 72.104, the personal |
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| 37 | 37 | | representative of an uninsured motorist who died as a result of a |
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| 38 | 38 | | motor vehicle collision may not recover noneconomic damages in a |
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| 39 | 39 | | wrongful death action brought under Subchapter A, Chapter 71, for |
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| 40 | 40 | | the motorist's death. |
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| 41 | 41 | | Sec. 72.104. EXCEPTIONS. Section 72.103 does not apply to |
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| 42 | 42 | | noneconomic damages caused by an individual who at the time of the |
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| 43 | 43 | | collision: |
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| 44 | 44 | | (1) was driving while under the influence of alcohol |
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| 45 | 45 | | or a controlled substance; or |
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| 46 | 46 | | (2) caused the collision intentionally, recklessly, |
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| 47 | 47 | | or with gross negligence. |
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| 48 | 48 | | SECTION 2. Subchapter C, Chapter 72, Civil Practice and |
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| 49 | 49 | | Remedies Code, as added by this Act, is an exercise of authority |
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| 50 | 50 | | under Section 66(c), Article III, Texas Constitution, and takes |
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| 51 | 51 | | effect only if this Act receives a vote of three-fifths of all the |
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| 52 | 52 | | members elected to each house, as provided by Subsection (e) of that |
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| 53 | 53 | | section. |
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| 54 | 54 | | SECTION 3. Subchapter C, Chapter 72, Civil Practice and |
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| 55 | 55 | | Remedies Code, as added by this Act, applies only to a cause of |
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| 56 | 56 | | action that accrues on or after the effective date of this Act. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2025. |
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