Monitoring the Session

HB 4961

Gerdes Bill Bars Uninsured Drivers From Pain And Suffering Damages

Did not pass

Verdict: No flags

No flagsInitial review
Rep. Stan GerdesRHouse 17

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to noneconomic damage liability for a collision with a motorist who failed to establish financial responsibility.

Caption from analyzed text · version H.

Summary

No insurance, no pain and suffering. Medical bills still count. Needs 3/5ths of each house.

The bill bars a person from recovering noneconomic damages, such as pain and suffering, after a car collision if that person did not carry the insurance or other financial responsibility Texas law requires. It touches uninsured drivers and the families of uninsured drivers who die in a collision, who also lose noneconomic damages in a wrongful death suit. Starting September 1, 2025, those claimants can still sue for economic losses such as medical bills, but not for pain and suffering, provided the bill passes with a three-fifths vote of each house.

Labels

Labels: STALLED AFTER COMMITTEE. Voted out of the House Judiciary & Civil Jurisprudence committee 6-3 on May 1, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB4961 · 2025-03-13

SOLD BY

Rep. Stan GerdesRHouse 17 Rep. Briscoe CainRHouse 128

ITEM

relating to noneconomic damage liability for a collision with a motorist who failed to establish financial responsibility.

WHAT IT DOES

No insurance, no pain and suffering. Medical bills still count. Needs 3/5ths of each house.

The bill bars a person from recovering noneconomic damages, such as pain and suffering, after a car collision if that person did not carry the insurance or other financial responsibility Texas law requires. It touches uninsured drivers and the families of uninsured drivers who die in a collision, who also lose noneconomic damages in a wrongful death suit. Starting September 1, 2025, those claimants can still sue for economic losses such as medical bills, but not for pain and suffering, provided the bill passes with a three-fifths vote of each house.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 21, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Judiciary & Civil Jurisprudence
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in formal meeting
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“An individual may not recover noneconomic damages for the”…

Bill text, House committee report version (H)

The bill limits lawsuits by cutting off pain-and-suffering recovery for drivers who lacked required insurance, which shields the defendants in those suits from that part of the claim.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Stan Gerdes

Donors

Texans for Lawsuit Reform PAC$316KDustin Burrows Campaign$89KTexas Conservative Majority PAC$68K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 30, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$316,248.00

Texans for Lawsuit Reform PAC

$316,248.00

Cash
$220,000.00
Paid by others
$96,248.00
Total
$316,248.00
advertising $74,698.00polling $21,550.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Sep 29, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010282, 101029052, 101035831, 101036569, 101070133.

Dustin Burrows Campaign$88,800.00

Dustin Burrows Campaign

$88,800.00

Cash
$75,000.00
Paid by others
$13,800.00
Total
$88,800.00
polling $13,800.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · Dec 29, 2025 to Jan 26, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101029052, 101035831, 101036569.

Texas Conservative Majority PAC$67,750.00

Texas Conservative Majority PAC

$67,750.00

Cash
$25,000.00
Paid by others
$42,750.00
Total
$67,750.00
canvassing $35,000.00polling $7,750.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 13, 2026 to Feb 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101036569.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$316,248.00

Cash
$220,000.00
Paid by others
$96,248.00
Total
$316,248.00
advertising $74,698.00polling $21,550.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Sep 29, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010282, 101029052, 101035831, 101036569, 101070133.

×

Dustin Burrows Campaign

$88,800.00

Cash
$75,000.00
Paid by others
$13,800.00
Total
$88,800.00
polling $13,800.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · Dec 29, 2025 to Jan 26, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101029052, 101035831, 101036569.

×

Texas Conservative Majority PAC

$67,750.00

Cash
$25,000.00
Paid by others
$42,750.00
Total
$67,750.00
canvassing $35,000.00polling $7,750.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 13, 2026 to Feb 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101036569.

Votes

No floor vote loaded for this bill.

Witnesses9
For
5
Against
3
On
1
Names

For

  • Independent Insurance Agents of Texas1 registration
  • Self; Texas Eagle Forum1 registration
  • Texans for Lawsuit Reform1 registration
  • Texas Trucking Assoc1 registration
  • Uber Technologies, Inc.1 registration

Against

  • Self1 registration
  • Self; Texas trial lawyers association1 registration
  • Texas Watch1 registration

On

  • Texas Department of Insurance1 registration
Sources

9 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 21, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Mar 13, 2025

05/09/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Judiciary & Civil Jurisprudence · Committee vote 6 aye, 3 nay, 2 absent · Out of committee

Subjects

Civil Remedies & Liabilities

Tort Reform

Vehicles & Traffic--Insurance/Financial Responsibility

ACCIDENTS

Text

The text as introduced · 277 words

89R8925 SCL-D

By: Gerdes
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.