83R3444 AJA-D
 
  By: Thompson of Brazoria H.B. No. 1774
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.