Bill Text: TX HB1774 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to liability for injury arising from certain motor vehicle accidents.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to Judiciary & Civil Jurisprudence [HB1774 Detail]
Download: Texas-2013-HB1774-Introduced.html
| 83R3444 AJA-D | ||
| By: Thompson of Brazoria | H.B. No. 1774 | |
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| relating to liability for injury arising from certain motor vehicle | ||
| accidents. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 72A to read as follows: | ||
| CHAPTER 72A. LIABILITY FOR CERTAIN MOTOR VEHICLE ACCIDENTS | ||
| Sec. 72A.001. DEFINITIONS. In this chapter, "exemplary | ||
| damages" and "noneconomic damages" have the meanings assigned by | ||
| Section 41.001. | ||
| Sec. 72A.002. LIABILITY FOR INJURY TO CERTAIN OPERATORS. | ||
| (a) A person may not obtain noneconomic damages or exemplary | ||
| damages in a civil action for bodily injury, death, or damage to or | ||
| destruction of property arising out of a motor vehicle accident if | ||
| the person was knowingly operating the motor vehicle at the time of | ||
| the accident in violation of Section 601.051, Transportation Code. | ||
| (b) Subsection (a) does not apply to a person described by | ||
| Subsection (a) if the person is injured by another person: | ||
| (1) who is operating a motor vehicle at the time of the | ||
| accident while intoxicated in violation of Section 49.04, Penal | ||
| Code, or another law of this state relating to the operation of a | ||
| motor vehicle while intoxicated and who is convicted of an offense; | ||
| (2) whose wilful act or omission or gross neglect | ||
| causes the injury; | ||
| (3) who flees from the scene of the accident; or | ||
| (4) who, at the time of the accident, is acting in | ||
| furtherance of the commission of a felony. | ||
| (c) Subsection (a) applies to a claim for damages made by a | ||
| person whose right to recovery derives from an injury to another | ||
| person whose right to recovery would be barred under Subsection | ||
| (a), including a claim for wrongful death or for loss of consortium | ||
| or companionship. | ||
| (d) Each insurer that issues a motor vehicle liability | ||
| insurance policy in this state to comply with the requirements of | ||
| Chapter 601, Transportation Code, including a Lloyd's plan, county | ||
| mutual insurance company, or reciprocal or interinsurance | ||
| exchange, shall notify the person to whom the policy is issued of | ||
| the provisions of Subsections (a)-(c). The notice required by this | ||
| subsection shall be made at the time the policy is initially issued | ||
| and at any time coverage under the policy is terminated. The | ||
| commissioner of insurance by rule shall adopt the form and content | ||
| of the notice required by this subsection. | ||
| (e) The Department of Public Safety shall post notice of the | ||
| provisions of Subsections (a)-(c) at each facility of the | ||
| department at which an in-person application for issuance or | ||
| renewal of a driver's license may be made. | ||
| (f) A person who offers a driving safety course approved | ||
| under Chapter 1001, Education Code, shall notify each student in | ||
| writing of the provisions of Subsections (a)-(c). The Texas | ||
| Education Agency shall adopt the form and content of the notice | ||
| required by this subsection. At the option of the person who offers | ||
| the course, the notice may be included in approved course materials | ||
| or provided separately from those materials. | ||
| (g) This section does not prohibit a person described by | ||
| Subsection (a) from acting in a representative capacity to bring | ||
| suit on behalf of another person injured in the accident, as next | ||
| friend or otherwise. | ||
| SECTION 2. This Act applies only to a cause of action that | ||
| accrues on or after the effective date of this Act. A cause of | ||
| action that accrued before the effective date of this Act is | ||
| governed by the law applicable to the cause of action immediately | ||
| before the effective date of this Act, and that law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act is an exercise of authority under | ||
| Section 66(c), Article III, Texas Constitution, and takes effect | ||
| only if it receives a vote of three-fifths of all the members | ||
| elected to each house, as provided by Subsection (e) of that | ||
| section. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
