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