HB4961 - Relating to noneconomic damage liability for a collision with a motorist who failed to establish financial responsibility.

  89R8925 SCL-D     By: Gerdes, Cain H.B. No. 4961       A BILL TO BE ENTITLED   AN ACT   relating to noneconomic 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.     DEFINITION. In this subchapter, "financial   responsibility"   has the meaning assigned by Section 601.002,   Transportation Code.           Sec.   72.102.     PROHIBITED RECOVERY OF NONECONOMIC DAMAGES.   (a)     An individual may not recover noneconomic damages for the   individual's injury or property damage 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)     The personal representative of an individual described   by Subsection (a) 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 individual's death.          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.