HB3095 - Relating to damage liability for a collision with a motorist who failed to establish financial responsibility.

  89R13828 SCL-F     By: Morgan H.B. No. 3095       A BILL TO BE ENTITLED   AN ACT   relating to 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.  DEFINITIONS. In this subchapter:                 (1)     "Financial responsibility"   has the meaning   assigned by Section 601.002, Transportation Code.                 (2)     "Noneconomic damages" means costs for physical and   emotional pain and suffering, physical impairment, emotional   distress, mental anguish, loss of enjoyment, loss of companionship,   services, and consortium, and any other nonpecuniary loss   proximately caused by a motor vehicle collision.   The term does not   include:                       (A)  treatment and rehabilitation;                       (B)  medical expenses;                       (C)  loss of economic or educational potential;                       (D)  loss of productivity;                       (E)  absenteeism;                       (F)  support expenses;                       (G)  accidents or injury; and                       (H)     any other pecuniary loss proximately caused   by a motor vehicle collision.           Sec.   72.102.     PROHIBITED RECOVERY OF CERTAIN DAMAGES. (a)     Except as provided by Section 72.103, an individual may not recover   damages for bodily injury, death, or property damage or noneconomic   damages 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)     Except as provided by Section 72.103, the personal   representative of an individual described by Subsection (a) who   died as a result of a motor vehicle collision may not recover   damages described by Subsection (a) in a wrongful death action   brought under Subchapter A, Chapter 71, for the individual's death.           Sec. 72.103.  EXCEPTIONS. Section 72.102 does not apply to:                 (1)  an individual who:                       (A)     at the time of the collision on which the   action is based had failed to establish financial responsibility in   accordance with Chapter 601, Transportation Code, for a period of   not more than 45 days; and                       (B)     before the period described by Paragraph (A),   had continuously established financial responsibility in   accordance with Chapter 601, Transportation Code, for at least one   year;                 (2)     an individual who, at the time of the collision on   which the action is based:                       (A)     was a passenger in a vehicle and was not the   owner or operator of the vehicle for which financial responsibility   was not established;                       (B)  was a minor under the age of 18; or                       (C)     was an active-duty member of the armed forces   of the United States who had returned from a deployment not more   than six months earlier; or                 (3)     damages caused by an individual who at the time of   the collision on which the action is based:                       (A)     was driving while under the influence of   alcohol or a controlled substance;                       (B)     caused the collision intentionally,   recklessly, or with gross negligence;                       (C)     improperly fled from the scene of the   collision; or                       (D)     was acting in furtherance of an offense or in   immediate flight from an offense that constitutes a felony.          SECTION 2.  The limitation of liability for noneconomic   damages provided by 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.