84R328 AJA-D
	By: Thompson of Brazoria	H.B. No. 820

	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 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 January 1, 2016.