87R10917 TYPED
By: Leach H.B. No. 19
A BILL TO BE ENTITLED
AN ACT
relating to procedure, evidence, and remedies in civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 72, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 72. [LIABILITY OF] MOTOR VEHICLE [OWNER OR OPERATOR TO
GUEST]
SECTION 2. Chapter 72, Civil Practice and Remedies Code, is
amended by adding Sections 72.0001 and 72.005 through 72.009 to
read as follows:
Sec. 72.0001. DEFINITIONS. In this chapter:
(1) "Accident" means an event in which a motor vehicle
comes into contact with a person or object, including another motor
vehicle, causing bodily injury or death.
(2) "Civil action" means an action in which:
(A) a person seeks recovery of damages for bodily
injury or death caused in an accident; and
(B) a defendant or responsible third party is a
person who:
(i) operated a motor vehicle involved in
the accident; or
(ii) owned, leased, or otherwise exercised
legal control over a motor vehicle involved in the accident.
(3) "Claimant" means a person, including a decedent's
estate, seeking or who has sought recovery of damages in a civil
action.
(4) "Commercial motor vehicle" means a motor vehicle
being used in interstate or intrastate commerce for the
transportation of property or passengers for commercial purposes,
for the delivery or transport of goods for commercial purposes, or
for the providing of services for commercial purposes. A motor
vehicle that is being used primarily for personal, family, or
household use is not a commercial motor vehicle.
(5) "Compensatory damages" and "exemplary damages"
have the meanings assigned by Section 41.001.
(6) "Future damages" and "future loss of earnings"
have the meanings assigned by Section 74.501.
(7) "Gross negligence" has the meaning assigned by
Section 41.001.
(8) "Motor vehicle" means a self-propelled or towed
device in which a person or property can be transported on a public
highway. The term includes a trailer designed for use with a
self-propelled device described by this subsection. The term does
not include a device used exclusively upon stationary rails or
tracks.
(9) "Periodic payments" has the meaning assigned by
Section 74.501.
(10) "Video" means an electronic representation of a
sequence of images, with or without accompanying audio, depicting
either stationary or moving scenes, regardless of the manner in
which the sequence of images is captured, recorded, or stored.
Sec. 72.005. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
VEHICLE ACCIDENT ACTIONS. (a) In a civil action involving a
commercial motor vehicle, on motion by a defendant, the court shall
provide for a bifurcated trial under this section.
(b) A motion under this section shall be made prior to the
beginning of voir dire examination of the jury or at a time
specified by a pretrial court order issued under Rule 166, Texas
Rules of Civil Procedure.
(c) In the first phase of a bifurcated trial under this
section, the trier of fact shall determine liability for and the
amount of compensatory damages, unless the defendant has stipulated
to liability. If the defendant has stipulated to liability, the
trier of fact shall determine in the first phase only the amount of
compensatory damages.
(d) In the second phase of a bifurcated trial under this
section, the trier of fact shall determine liability for and the
amount of exemplary damages to be awarded if:
(1) the claimant's pleading states a claim for
recovery of exemplary damages;
(2) either:
(A) the trier of fact found during the first
phase of the bifurcated trial that the defendant is liable to the
claimant for compensatory damages on a claim that supports
exemplary damages; or
(B) the defendant stipulated to liability on a
claim that supports exemplary damages; and
(3) in the first phase of the bifurcated trial, the
trier of fact awarded compensatory damages on the claim supporting
exemplary damages.
(e) For purposes of this section, a finding by the trier of
fact in the first phase of a bifurcated trial that can support a
judgment against the defendant under respondeat superior for an
employee's negligence shall be regarded as a finding supporting
exemplary damages under Subsection (d) in a direct action against
the defendant for enabling that employee's negligence.
Sec. 72.006. COMPLIANCE WITH REGULATIONS OR STANDARDS. (a)
In a civil action involving a commercial motor vehicle, a
defendant's failure to comply with a regulation or standard is not
admissible into evidence and will not support a judgment for
liability or damages against a defendant in that action unless:
(1) the regulation or standard governs a specific
aspect of the defendant's or defendant's employee's conduct or
omission that is at issue in the action, or a specific aspect of the
use or condition of the defendant's property or equipment that is at
issue in the action; and
(2) a reasonable jury could find that failure to
comply with the regulation or standard was a proximate cause of the
bodily injury or death for which damages are sought in the action.
(b) If a defendant's failure to comply with a regulation or
standard is admissible into evidence under Subsection (a), then
other instances of the defendant's failure to comply with the
regulation or standard within the two-year period preceding the
date of the accident also may be admitted into evidence if otherwise
admissible under the Texas Rules of Evidence.
(c) Unless the parties agree to the discovery, a claimant
seeking to use pretrial discovery to obtain evidence of a
defendant's failure to comply with a regulation or standard must
obtain a court order allowing the discovery. If a trial court
authorizes the discovery, the court's order must limit the
discovery to:
(1) a reasonable period of time, which may not exceed
the period beginning two years before the date of the accident and
ending on the date of the accident; and
(2) the least burdensome method available to obtain
the evidence.
(d) An order allowing discovery under this section may be
reviewed in an original proceeding for an abuse of discretion in
which the inadequacy of a remedy at law shall be presumed. When
reviewing an order authorizing or denying discovery under this
section, the reviewing court may consider only the evidence
submitted by the parties to the trial court in support of or in
opposition to the motion.
(e) For purposes of this section, a "regulation or standard"
includes:
(1) a statute, regulation, rule, or order regulating
equipment or conduct adopted or promulgated by a federal, state, or
local government, agency, or authority; and
(2) the defendant's policies, procedures, or
statements.
Sec. 72.007. LIABILITY FOR EMPLOYEE NEGLIGENCE AND EMPLOYER
GROSS NEGLIGENCE. (a) In a civil action involving a commercial
motor vehicle, if a defendant in the action complies with
Subsection (b), the defendant's liability for damages caused by an
employee's negligence shall be based on respondeat superior and not
on a direct action against the defendant for its conduct or
omissions.
(b) On motion of a defendant, a trial court shall dismiss a
direct action against a defendant if the defendant stipulates that
at the time of the event that caused the bodily injury or death for
which damages are sought in the action:
(1) a person whose conduct is alleged to have caused
the bodily injury or death was the defendant's employee; and
(2) the employee was acting within the scope of
employment with the defendant.
(c) A defendant may be adjudged to be directly liable for
exemplary damages only if:
(1) the defendant's employee's negligence is found to
have caused or contributed to causing the bodily injury or death
that is the subject of the action;
(2) damages in excess of nominal damages are awarded
to the claimant for the defendant's employee's negligence; and
(3) the defendant is found to have been grossly
negligent for its conduct or omissions.
(d) Pretrial discovery related to an allegation that a
defendant was grossly negligent in its conduct or omissions must be
limited to a reasonable period of time, which may not exceed the
period beginning two years before the date of the accident and
ending on the date of the accident.
(e) Before calling the action for trial on the merits, a
court must rule on a timely filed motion to dismiss under Subsection
(b) or motion for summary judgment addressed to an allegation that a
defendant was grossly negligent in its conduct or omissions.
(f) For purposes of this section, "employee" includes an
agent or other person for whom the employer may be liable under
respondeat superior.
Sec. 72.008. PERIODIC PAYMENT OF FUTURE DAMAGES FOR
COMMERCIAL MOTOR VEHICLE ACCIDENTS. (a) This section applies only
to a civil action involving a commercial motor vehicle in which the
present value of the award of future damages, as determined by the
court, is at least $100,000.
(b) At the request of a party, the court shall order that
future damages awarded in the action be paid in periodic payments
and not as a lump-sum payment.
(c) The number and amounts of future payments shall
correspond to the evidence regarding future damages presented by
the claimant.
(d) The court shall make a specific finding of the dollar
amount of periodic payments that will compensate the claimant for
the future damages and state in the judgment:
(1) the recipient of the future payments;
(2) the dollar amount of each future payment; and
(3) the date on which each future payment shall be
made.
(e) The judgment shall provide for payments to be funded by:
(1) an annuity contract issued by a company authorized
to engage in business as an insurance company, including an
assignment within the meaning of Section 130, Internal Revenue Code
of 1986, as amended;
(2) an obligation of the United States;
(3) applicable and collectible liability insurance
from one or more qualified insurers; or
(4) any other satisfactory form of funding suggested
by the defendant making the payments and approved by the court.
(f) On the death of the recipient of payments of future
damages, money damages awarded for future loss of earnings continue
to be paid to the estate of the recipient, without reduction.
Periodic payments, other than future loss of earnings, terminate on
the death of the recipient.
(g) Following the satisfaction or termination of any
obligations specified in the judgment for periodic payments of
future damages, any obligation of the defendant to make further
payments ends and any funds held for the payment of future damages
or security posted by the defendant or on the defendant's behalf
revert to the defendant.
Sec. 72.009. ADMISSIBILITY OF VISUAL DEPICTIONS OF
ACCIDENT. (a) In a civil action involving a motor vehicle, a court
shall not exclude from evidence a photograph or video of a vehicle
or object involved in the accident that was taken at or near the
time of the accident if the photograph or video:
(1) is an accurate depiction of the vehicle or object
being depicted; and
(2) standing alone or when viewed with another
photograph or video, may provide evidence of:
(A) the cause of the accident;
(B) the events occurring before, during, or after
the accident that are related to the accident; and
(C) the extent of damage caused to a vehicle or
object involved in the accident.
(b) The fact that a photograph or video tends to support or
refute an assertion regarding the severity of damages or injury to
an object or person arising from the accident is not a basis for
excluding admission of the photograph or video.
SECTION 3. The changes in law made by this Act apply only to
a cause of action commenced on or after the effective date of this
Act. A cause of action commenced before the effective date of this
Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. 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 September 1, 2021.