Article
This week's Capitol Watch marks the 100th column since I began writing them when I came into office in 2003. I sincerely appreciate all of the newspapers and internet news sites throughout Fannin and Grayson Counties that publish the Capitol Watch. I also appreciate the citizens of District 62 who read the column and the useful feedback they have provided. I will continue this week with an overview of some of the legislation that has been pre-filed for the upcoming legislative session which begins January 11, 2005. Pre-filing of legislation began November 8 and will continue until the session begins. Over 300 House bills and Senate bills have been filed already. You can keep up with bills that have been filed on the House of Representatives' website at www.house.state.tx.us. Keep in mind that just because a bill has been filed, it doesn't mean that the bill will make it through the committee process and end up on the House Floor for a vote. A couple of bills have been filed so far to encourage drivers on our streets to carry liability insurance as required by state law. House Bill 125 would deny a person the right to obtain non-economic damages in a civil action resulting from a motor vehicle accident if the person was driving the vehicle at the time of the accident without motor vehicle liability insurance. As a matter of reference, non-economic damages are defined in the Texas Civil Practice and Remedies Code to include physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and other non-pecuniary losses. This would not limit recovery for medical expenses, property damage or lost income. House Bill 15 offers a similar provision but takes it a step further. The provision for non-insured drivers is similar to that in HB 15, but the prohibition in this bill against obtaining non-economic damages also applies if a person is driving a vehicle while intoxicated. In other words, if a person is driving while intoxicated and is involved in an accident caused by another person, the intoxicated driver would not be able to recover non-economic damages. I anticipate that there will be several other bills filed dealing with the problem of drivers driving without required insurance. I am interested in your comments on legislation that will be debated in the Texas House of Representatives. You can contact me by writing to P.O. Box 2910, Austin, TX 78768-2910.
Gallery