HB 3095 — Relating to damage liability for a collision with a motorist who failed to establish financial responsibility.

Summary

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

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• 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.

  amended

Action History

1. April 23, 2025

   Left pending in committee

2. April 23, 2025

   Testimony taken/registration(s) recorded in committee

3. April 23, 2025

   Committee substitute considered in committee

4. April 23, 2025

   Considered in public hearing

5. April 23, 2025

   Scheduled for public hearing on . . .

6. March 20, 2025

   Referred to Judiciary & Civil Jurisprudence

7. March 20, 2025

   Read first time

8. February 20, 2025

   Filed

Sponsors

• Matt Morgan · Primary
• Carrie Isaac · Cosponsor
• Briscoe Cain · Cosponsor
• Richard Hayes · Cosponsor
• John Lujan · Cosponsor
• Brent Money · Cosponsor
• Cody Vasut · Cosponsor
• Wes Virdell · Cosponsor

Subjects