85S11075 AJA-F
 
  By: Fallon H.B. No. 250
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for injury of a protestor by the
  operator of a motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 72A to read as follows:
  CHAPTER 72A. LIABILITY ARISING FROM OPERATION OF MOTOR VEHICLE
         Sec. 72A.001.  INJURY TO PROTESTOR. (a)  A person operating
  a motor vehicle who injures another person with the motor vehicle is
  not liable for the injury if, at the time of the injury:
               (1)  the person operating the motor vehicle was
  exercising due care; and
               (2)  the person injured was blocking traffic in a
  public right-of-way while participating in a protest or
  demonstration.
         (b)  This section does not affect a person's liability for an
  injury caused by grossly negligent conduct.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.