LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 28, 2021 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB19 by Leach (Relating to civil liability of a commercial motor vehicle owner or operator.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code to provide that, in a civil action involving a commercial motor vehicle, on motion of the defendant the court must provide for a bifurcated trial. Under the bill's provisions, the motion must be made no later than 120 days after the date the defendant bringing the motion files the defendant's original answer.The bill would provide that in a civil action involving a commercial motor vehicle, a defendant's failure to comply with a regulation or standard is admissible in the first phase only if certain conditions are met. The bill would provide that in a civil action under the bill's provisions, an employer defendant's liability for damages caused by ordinary negligence of a person operating the defendant's commercial motor vehicle can be based only on respondeat superior if the defendant stipulates that the person operating the vehicle was the defendant's employee and acting within the scope of employment. The bill would limit what evidence a claimant may present in the first phase if the employer makes this stipulation. The bill details what photographic or video evidence could be admitted without expert testimony in a civil action under the new subchapter.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.The bill would take effect immediately upon receiving a two-thirds majority vote in both houses; otherwise, the bill would take effect September 1, 2021. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, SLE, MW, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 28, 2021
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB19 by Leach (Relating to civil liability of a commercial motor vehicle owner or operator.), Committee Report 1st House, Substituted
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB19 by Leach (Relating to civil liability of a commercial motor vehicle owner or operator.), Committee Report 1st House, Substituted
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB19 by Leach (Relating to civil liability of a commercial motor vehicle owner or operator.), Committee Report 1st House, Substituted
HB19 by Leach (Relating to civil liability of a commercial motor vehicle owner or operator.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provide that, in a civil action involving a commercial motor vehicle, on motion of the defendant the court must provide for a bifurcated trial. Under the bill's provisions, the motion must be made no later than 120 days after the date the defendant bringing the motion files the defendant's original answer.The bill would provide that in a civil action involving a commercial motor vehicle, a defendant's failure to comply with a regulation or standard is admissible in the first phase only if certain conditions are met. The bill would provide that in a civil action under the bill's provisions, an employer defendant's liability for damages caused by ordinary negligence of a person operating the defendant's commercial motor vehicle can be based only on respondeat superior if the defendant stipulates that the person operating the vehicle was the defendant's employee and acting within the scope of employment. The bill would limit what evidence a claimant may present in the first phase if the employer makes this stipulation. The bill details what photographic or video evidence could be admitted without expert testimony in a civil action under the new subchapter.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.The bill would take effect immediately upon receiving a two-thirds majority vote in both houses; otherwise, the bill would take effect September 1, 2021.
The bill would take effect immediately upon receiving a two-thirds majority vote in both houses; otherwise, the bill would take effect September 1, 2021.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, SLE, MW, BH
JMc, SLE, MW, BH