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.