Hagenbuch Bill Bars Uninsured And Drunk Drivers From Pain-And-Suffering Damages

The text as introduced · 425 words

89R18223 MZM-D

By: Hagenbuch
S.B. No. 2806

A BILL TO BE ENTITLED

AN ACT

relating to liability for noneconomic damages in connection with a

collision with certain motorists.

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 MOTORISTS

Sec. 72.101. DEFINITION. In this subchapter, "noneconomic

damages" means costs for physical and emotional pain and suffering,

physical impairment, emotional distress, mental anguish, and any

other nonpecuniary loss proximately caused by a motor vehicle

collision.

Sec. 72.102. APPLICABILITY. This subchapter applies only

to a person who, at the time of the motor vehicle collision that is

the subject of an action described by Section 72.103:

(1) fails to establish financial responsibility in

accordance with Chapter 601, Transportation Code;

(2) is driving a motor vehicle while under the

influence of alcohol or a controlled substance;

(3) is driving a motor vehicle that is not registered

as required by Section 502.040, Transportation Code; or

(4) is injured during the commission of a felony

offense for which the person is convicted.

Sec. 72.103. RECOVERY OF NONECONOMIC DAMAGES PROHIBITED.

(a) Except as provided by Section 72.104, a person to whom this

subchapter applies may not recover noneconomic damages for the

motorist's injury or property damage sustained as a result of a

motor vehicle collision.

(b) Except as provided by Section 72.104, the personal

representative of an uninsured motorist 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 motorist's death.

Sec. 72.104. EXCEPTIONS. Section 72.103 does not apply to

noneconomic damages caused by an individual who at the time of the

collision:

(1) was driving while under the influence of alcohol

or a controlled substance; or

(2) caused the collision intentionally, recklessly,

or with gross negligence.

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.