Relating to liability for noneconomic damages in connection with a collision with certain motorists.
Summary
SB 2806 would create a new subchapter in the Texas Civil Practice and Remedies Code limiting recovery of noneconomic damages in lawsuits arising from motor vehicle collisions involving certain motorists. The bill defines noneconomic damages to include pain and suffering, emotional distress, mental anguish, physical impairment, and other nonpecuniary losses. It applies when the person involved in the collision was uninsured, driving an unregistered vehicle, driving under the influence of alcohol or a controlled substance, or injured while committing a felony offense for which they are convicted.
Under the bill, an affected person generally could not recover noneconomic damages for injury or property damage from the collision, and the personal representative of an uninsured motorist killed in a crash could not recover noneconomic damages in a wrongful death action. The bill includes exceptions for collisions caused by a driver who was intoxicated or who acted intentionally, recklessly, or with gross negligence. It would apply only to causes of action accruing on or after September 1, 2025, and it is contingent on receiving the constitutionally required three-fifths vote in each legislative chamber.
Impact
The bill would narrow tort recovery in Texas by restricting noneconomic damages in certain motor vehicle collision cases, primarily affecting uninsured drivers, drivers of unregistered vehicles, intoxicated drivers, and persons injured during felony conduct. It would amend Chapter 72 of the Civil Practice and Remedies Code and create a new statutory framework governing when pain-and-suffering-type damages are unavailable. The measure would also affect wrongful death claims brought on behalf of uninsured motorists killed in collisions. Because the bill invokes Article III, Section 66(c) of the Texas Constitution, it would take effect only if approved by a supermajority of both houses.
Sentiment
The available context shows limited recorded debate or voting history, so there is no documented committee or floor sentiment in the materials provided. Based on the bill’s structure, it appears designed to limit damages for motorists whose conduct or legal status is viewed as noncompliant or unlawful, while preserving recovery in cases involving intoxication or especially blameworthy conduct. The absence of transcripts or votes means no direct evidence of support or opposition is available from the provided record.
Contention
The main policy tension in the bill is between limiting civil recoveries for uninsured, unregistered, intoxicated, or criminally involved motorists and preserving compensation for injury-related pain and suffering. Supporters would likely view the measure as a deterrent against unlawful driving and a way to reduce awards for claimants with serious legal violations, while opponents may argue it unfairly strips injured people of compensation for noneconomic harm regardless of fault in the collision. Another point of potential contention is the bill’s treatment of wrongful death claims and its supermajority-vote requirement, which could make enactment more difficult.
A bill for an act relating to tort liability in civil actions involving commercial motor vehicles, including employer liability, noneconomic damages, punitive damages, and exemplary damages.
Relating to the right of a motorist who fails to hold a driver's license or maintain motor vehicle liability insurance or other financial responsibility for a motor vehicle to recover damages arising from a motor vehicle collision.