CHAPTER 72. LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR TO GUEST - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 72. LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR TO GUEST

Sec. 72.001. LIMITED LIABILITY. A person who is related to the

owner or operator of a motor vehicle within the second degree by

consanguinity or affinity, as determined under Chapter 573,

Government Code, and who is being transported in the motor

vehicle over a public highway of this state as a guest without

payment for the transportation has a cause of action against the

owner or operator of the motor vehicle for injury, death, or loss

in an accident only if the accident was intentional on the part

of the owner or operator or was caused by his heedlessness or

reckless disregard of the rights of others.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 7, eff. Aug. 26,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1,

1995.

Sec. 72.002. LIMITATION NOT APPLICABLE. There is no limitation

under this chapter on the liability of an owner or operator who

is not related to the guest within the second degree by

consanguinity or affinity.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 72.003. EFFECT ON OTHER LIABILITY. (a) This chapter does

not affect judicially developed or developing rules under which a

person is or is not totally or partially immune from tort

liability by virtue of family relationship.

(b) This chapter does not relieve the owner or operator of a

motor vehicle being demonstrated to a prospective purchaser or

relieve a public carrier of responsibility for injuries sustained

by a passenger being transported.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 72.004. OFFSET FOR MEDICAL EXPENSES PAID. (a) The owner

or operator or his liability insurance carrier is entitled to an

offset against any award made to the guest on a liability claim

in an amount equal to the amount paid by the owner, operator, or

insurance carrier for medical expenses of the guest.

(b) This section does not authorize a direct action against a

liability insurance carrier.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.