Kolkhorst Bill Bars Uninsured Drivers From Suing After A Crash

The text as introduced · 608 words

89R13828 SCL-F

By: Kolkhorst
S.B. No. 2755

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.