88R22115 SCL-F     By: Leach H.B. No. 4218     Substitute the following for H.B. No. 4218:     By:  Murr C.S.H.B. No. 4218       A BILL TO BE ENTITLED   AN ACT   relating to liability related to a duty to retrofit certain rented   or leased motor vehicles with safety devices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 82, Civil Practice and Remedies Code, is   amended by adding Section 82.009 to read as follows:          Sec. 82.009.  LIMITED LIABILITY FOR FAILURE TO RETROFIT   CERTAIN RENTED OR LEASED VEHICLES. (a) In this section, "retrofit"   means to install new equipment or component parts that were not   included in a motor vehicle when the vehicle was manufactured or   sold. The term does not include:                (1)  routine maintenance; or                 (2)  repairs to the vehicle:                      (A)  as a result of wear and tear; or                      (B)  required by damage resulting from an accident   or other cause.          (b)  This section applies only to a motor vehicle:                (1)  that has a gross vehicle weight rating or gross   vehicle weight of at least 6,000 pounds;                (2)  for which the owner's liability for an accident is   governed by 49 U.S.C. Section 30106; and                (3)  that is not a motor vehicle that was manufactured   primarily for use in the transportation of not more than 10   individuals.          (c)  Except as provided by Subsection (d), in any civil   action, including a products liability action, alleging   negligence, gross negligence, or strict liability, a seller who   rents or leases a motor vehicle to which this section applies to   another person is not liable for failing to retrofit the vehicle   with component parts or equipment, or for failing to select   component parts or equipment included in the vehicle, that were not   required by applicable federal motor vehicle safety standards at   the time the vehicle was manufactured or sold.          (d)  Subsection (c) does not apply if the seller fails to   comply with a law or regulation, issued after the seller's motor   vehicle was manufactured or sold, requiring a mandatory recall or   retrofit of the vehicle.          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 September 1, 2023.