CIVIL PRACTICE & REMEDIES CODE

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


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1991, 72nd Leg., ch. 561, § 7, eff. Aug. 26, 1991;  Acts 
1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.


	§ 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, § 1, eff. Sept. 1, 1985.                    


	§ 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, § 1, eff. Sept. 1, 1985.                    


	§ 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, § 1, eff. Sept. 1, 1985.