Texas 2021 - 87th Regular

Texas House Bill HB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 19
	1	+	By: Leach, et al. (Senate Sponsor - Taylor) H.B. No. 19
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on
	4	+	Transportation; May 13, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 13, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 19 By: Seliger
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to civil liability of a commercial motor vehicle owner or
6	14		operator, including the effect that changes to that liability have
7	15		on commercial automobile insurance.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. The heading to Chapter 72, Civil Practice and
10	18		Remedies Code, is amended to read as follows:
11	19		CHAPTER 72. LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR [TO GUEST]
12	20		SECTION 2. Chapter 72, Civil Practice and Remedies Code, is
13	21		amended by designating Sections 72.001, 72.002, 72.003, and 72.004
14	22		as Subchapter A and adding a subchapter heading to read as follows:
15	23		SUBCHAPTER A. LIABILITY TO GUEST
16	24		SECTION 3. Sections 72.002 and 72.003, Civil Practice and
17	25		Remedies Code, are amended to read as follows:
18	26		Sec. 72.002. LIMITATION NOT APPLICABLE. There is no
19	27		limitation under this subchapter [chapter] on the liability of an
20	28		owner or operator who is not related to the guest within the second
21	29		degree by consanguinity or affinity.
22	30		Sec. 72.003. EFFECT ON OTHER LIABILITY. (a) This
23	31		subchapter [chapter] does not affect judicially developed or
24	32		developing rules under which a person is or is not totally or
25	33		partially immune from tort liability by virtue of family
26	34		relationship.
27	35		(b) This subchapter [chapter] does not relieve the owner or
28	36		operator of a motor vehicle being demonstrated to a prospective
29	37		purchaser or relieve a public carrier of responsibility for
30	38		injuries sustained by a passenger being transported.
31	39		SECTION 4. Chapter 72, Civil Practice and Remedies Code, is
32	40		amended by adding Subchapter B to read as follows:
33	41		SUBCHAPTER B. ACTIONS REGARDING COMMERCIAL MOTOR VEHICLES
34	42		Sec. 72.051. DEFINITIONS. In this subchapter:
35	43		(1) "Accident" means an event in which operating a
36	44		commercial motor vehicle causes bodily injury or death.
37	45		(2) "Civil action" means an action in which:
38	46		(A) a claimant seeks recovery of damages for
39	47		bodily injury or death caused in an accident; and
40	48		(B) a defendant:
41	49		(i) operated a commercial motor vehicle
42	50		involved in the accident; or
43	51		(ii) owned, leased, or otherwise held or
44	52		exercised legal control over a commercial motor vehicle or operator
45	53		of a commercial motor vehicle involved in the accident.
46	54		(3) "Claimant" means a person, including a decedent's
47	55		estate, seeking or who has sought recovery of damages in a civil
48	56		action. The term includes a plaintiff, counterclaimant,
49	57		cross-claimant, third-party plaintiff, and an intervenor. The term
50	58		does not include a passenger in a commercial motor vehicle unless
51	59		the person is an employee of the owner, lessor, lessee, or operator
52	60		of the vehicle.
53	61		(4) "Commercial motor vehicle" means a motor vehicle
54	62		being used for commercial purposes in interstate or intrastate
55	63		commerce to transport property or passengers, deliver or transport
56	64		goods, or provide services. The term does not include a motor
57	65		vehicle being used at the time of the accident for personal, family,
58	66		or household purposes.
59	67		(5) "Compensatory damages" has the meaning assigned by
60	68		Section 41.001.
61	69		(6) "Employee" means a person who works for another
62	70		person for compensation. The term includes a person deemed an
63	71		employee under state or federal law and any other agent or person
64	72		for whom an employer may be liable under respondeat superior.
65	73		(7) "Exemplary damages" has the meaning assigned by
66	74		Section 41.001.
67	75		(8) "Motor vehicle" means a self-propelled device in
68	76		which a person or property can be transported on a public highway.
69	77		The term includes a trailer when in use with a self-propelled device
70	78		described by this subdivision. The term does not include a device
71	79		used exclusively upon stationary rails or tracks.
72	80		(9) "Operated," "operating," and "operation," when
73	81		used with respect to a commercial motor vehicle, means to cause the
74	82		vehicle to move or function in any respect, including driving,
75	83		stopping, or parking the vehicle or otherwise putting the vehicle
76	84		into use or operation. These terms include a commercial motor
77	85		vehicle that has become disabled.
78	86		(10) "Video" means an electronic representation of a
79	87		sequence of images, with or without accompanying audio, depicting
80	88		either stationary or moving scenes, regardless of the manner in
81	89		which the sequence of images is captured, recorded, or stored.
82	90		Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
83	91		VEHICLE ACCIDENT ACTIONS. (a) In a civil action under this
84	92		subchapter, on motion by a defendant, the court shall provide for a
85	93		bifurcated trial under this section.
86	94		(b) A motion under this section shall be made on or before
87	95		the later of:
88	96		(1) the 120th day after the date the defendant
89	97		bringing the motion files the defendant's original answer; or
90	98		(2) the 30th day after the date a claimant files a
91	99		pleading adding a claim or cause of action against the defendant
92	100		bringing the motion.
93	101		(c) The trier of fact shall determine liability for and the
94	102		amount of compensatory damages in the first phase of a bifurcated
95	103		trial under this section.
96	104		(d) The trier of fact shall determine liability for and the
97	105		amount of exemplary damages in the second phase of a bifurcated
98	106		trial under this section.
99	107		(e) For purposes of this section, a finding by the trier of
100	108		fact in the first phase of a bifurcated trial that an employee
101	109		defendant was negligent in operating an employer defendant's
102	110		commercial motor vehicle may serve as a basis for the claimant to
103	111		proceed in the second phase of the trial on a claim against the
104	112		employer defendant, such as negligent entrustment, that requires a
105	113		finding by the trier of fact that the employee was negligent in
106	114		operating the vehicle as a prerequisite to the employer defendant
107	115		being found negligent in relation to the employee defendant's
108	116		operation of the vehicle. This subsection does not apply to a
109	117		claimant who has pursued a claim described by this subsection in the
110	118		first phase of a trial that is bifurcated under this section.
111	119		Sec. 72.053. FAILURE TO COMPLY WITH REGULATIONS OR
112	120		STANDARDS. (a) In this section, "regulation or standard" includes
113	121		a statute, regulation, rule, or order regulating equipment or
114	122		conduct adopted or promulgated by the federal government, a state
115	123		government, a local government, or a governmental agency or
116	124		authority.
117	125		(b) In a civil action under this subchapter, evidence of a
118	126		defendant's failure to comply with a regulation or standard is
119	127		admissible in the first phase of a trial bifurcated under Section
120	128		72.052 only if, in addition to complying with other requirements of
121	129		law:
122	130		(1) the evidence tends to prove that failure to comply
123	131		with the regulation or standard was a proximate cause of the bodily
124	132		injury or death for which damages are sought in the action; and
125	133		(2) the regulation or standard is specific and
126	134		governs, or is an element of a duty of care applicable to, the
127	135		defendant, the defendant's employee, or the defendant's property or
128	136		equipment when any of those is at issue in the action.
129	137		(c) Nothing in this section prevents a claimant from
130	138		pursuing a claim for exemplary damages under Chapter 41 relating to
131	139		the defendant's failure to comply with other applicable regulations
132	140		or standards, or from presenting evidence on that claim in the
133	141		second phase of a bifurcated trial.
134	142		Sec. 72.054. LIABILITY FOR EMPLOYEE NEGLIGENCE IN OPERATING
135		-	COMMERCIAL MOTOR VEHICLE. (a) Except as provided by Subsection
136		-	(d), in a civil action under this subchapter, an employer
137		-	defendant's liability for damages caused by the ordinary negligence
138		-	of a person operating the defendant's commercial motor vehicle
139		-	shall be based only on respondeat superior if the defendant
140		-	stipulates, within the time provided by Section 72.052 for filing a
141		-	motion to bifurcate, that, at the time of the accident, the person
142		-	operating the vehicle was:
	143	+	COMMERCIAL MOTOR VEHICLE. (a) In a civil action under this
	144	+	subchapter, an employer defendant's liability for damages caused by
	145	+	the ordinary negligence of a person operating the defendant's
	146	+	commercial motor vehicle shall be based only on respondeat superior
	147	+	if the defendant stipulates, within the time provided by Section
	148	+	72.052 for filing a motion to bifurcate, that, at the time of the
	149	+	accident, the person operating the vehicle was:
143	150		(1) the defendant's employee; and
144	151		(2) acting within the scope of employment.
145		-	(b) ~~Except as provided by Subsection (c),~~ if an employer
146		-	~~defendant stipulates in accordance with~~ Subsection (a) and the
147		-	~~trial is bifurcated under Section 72.052, a~~ claimant may not, in the
148		-	~~first phase of the trial, present evidence~~ on an ordinary
149		-	~~negligence claim against the employer defendant,~~ such as negligent
150		-	~~entrustment, that requires a finding by the trier~~ of fact that the
151		-	~~employer defendant's employee was negligent in~~ operating a vehicle
152		-	~~as a prerequisite to the employer defendant~~ being found negligent
153		-	~~in relation to the employee defendant's~~ operation of the vehicle.
154		-	~~This subsection does not prevent a~~ claimant from presenting
155		-	~~evidence allowed by~~ Section 72.053(b).
	152	+	(b) If an employer defendant stipulates in accordance with
	153	+	Subsection (a) and the trial is bifurcated under Section 72.052, a
	154	+	claimant may not, in the first phase of the trial, present evidence
	155	+	on an ordinary negligence claim against the employer defendant,
	156	+	such as negligent entrustment, that requires a finding by the trier
	157	+	of fact that the employer defendant's employee was negligent in
	158	+	operating a vehicle as a prerequisite to the employer defendant
	159	+	being found negligent in relation to the employee defendant's
	160	+	operation of the vehicle. This subsection does not prevent a
	161	+	claimant from presenting evidence allowed by Subsection (c) or
	162	+	Section 72.053(b).
156	163		(c) In a civil action under this subchapter in which an
157	164		employer defendant is regulated by the Motor Carrier Safety
158	165		Improvement Act of 1999 (Pub. L. No. 106-159) or Chapter 644,
159	166		Transportation Code, a party may present any of the following
160	167		evidence in the first phase of a trial that is bifurcated under
161	168		Section 72.052 if applicable to a defendant in the action:
162	169		(1) whether the employee who was operating the
163	170		employer defendant's commercial motor vehicle at the time of the
164	171		accident that is the subject of the civil action:
165	172		(A) was licensed to drive the vehicle at the time
166	173		of the accident;
167	174		(B) was disqualified from driving the vehicle
168	175		under 49 C.F.R. Section 383.51, 383.52, or 391.15 at the time of the
169	176		accident;
170	177		(C) was subject to an out-of-service order, as
171	178		defined by 49 C.F.R. Section 390.5, at the time of the accident;
172	179		(D) was driving the vehicle in violation of a
173	180		license restriction imposed under 49 C.F.R. Section 383.95 or
174	181		Section 522.043, Transportation Code, at the time of the accident;
175	182		(E) had received a certificate of driver's road
176	183		test from the employer defendant as required by 49 C.F.R. Section
177	184		391.31 or had an equivalent certificate or license as provided by 49
178	185		C.F.R. Section 391.33;
179	186		(F) had been medically certified as physically
180	187		qualified to operate the vehicle under 49 C.F.R. Section 391.41;
181	188		(G) was operating the vehicle when prohibited
182	189		from doing so under 49 C.F.R. Section 382.201, 382.205, 382.207,
183	190		382.215, 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable,
184	191		on the day of the accident;
185	192		(H) was texting or using a handheld mobile
186	193		telephone while driving the vehicle in violation of 49 C.F.R.
187	194		Section 392.80 or 392.82 at the time of the accident;
188	195		(I) provided the employer defendant with an
189	196		application for employment as required by 49 C.F.R. Section
190		-	391.21(a) if the accident occurred on or before the ~~first~~
191		-	~~anniversary of~~ the date the employee began employment with the
192		-	~~employer defendant;~~ and
	197	+	391.21(a) if the accident occurred on or before the 180th day after
	198	+	the date the employee began employment with the employer defendant;
	199	+	and
193	200		(J) refused to submit to a controlled substance
194	201		test as required by 49 C.F.R. Section 382.303, 382.305, 382.307,
195		-	382.309, or 382.311 during the ~~two years~~ preceding the date of the
	202	+	382.309, or 382.311 during the 90 days preceding the date of the
196	203		accident; and
197	204		(2) whether the employer defendant:
198	205		(A) allowed the employee to operate the
199	206		employer's commercial motor vehicle on the day of the accident in
200	207		violation of 49 C.F.R. Section 382.201, 382.205, 382.207, 382.215,
201	208		382.701(d), 395.3, or 395.5 or 37 T.A.C. Section 4.12, as
202	209		applicable;
203	210		(B) had complied with 49 C.F.R. Section 382.301
204	211		in regard to controlled-substance testing of the employee driver
205	212		if:
206	213		(i) the employee driver was impaired
207	214		because of the use of a controlled substance at the time of the
208	215		accident; and
209	216		(ii) the accident occurred on or before the
210	217		180th day after the date the employee driver began employment with
211	218		the employer defendant;
212	219		(C) had made the investigations and inquiries as
213	220		provided by 49 C.F.R. Section 391.23(a) in regard to the employee
214		-	driver if the accident occurred on or before the ~~first anniversary~~
215		-	~~of the~~ date the employee driver began employment with the employer
	221	+	driver if the accident occurred on or before the 180th day after the
	222	+	date the employee driver began employment with the employer
216	223		defendant; and
217	224		(D) was subject to an out-of-service order, as
218	225		defined by 49 C.F.R. Section 390.5, at the time of the accident.
219	226		(d) If a civil action is bifurcated under Section 72.052,
220	227		evidence admissible under Subsection (c) is:
221	228		(1) admissible in the first phase of the trial only to
222	229		prove ordinary negligent entrustment by the employer defendant to
223	230		the employee who was driving the employer defendant's commercial
224	231		motor vehicle at the time of the accident that is the subject of the
225	232		action; and
226	233		(2) the only evidence that may be presented by the
227	234		claimant in the first phase of the trial on the negligent
228	235		entrustment claim.
229	236		(e) The provisions of Subsection (c) may not be construed to
230	237		create a new rule or regulation or subject a person to a rule or
231	238		regulation not applicable to the person without regard to this
232	239		section.
233	240		(f) Nothing in this section prevents a claimant from
234	241		pursuing:
235	242		(1) an ordinary negligence claim against an employer
236	243		defendant for a claim, such as negligent maintenance, that does not
237	244		require a finding of negligence by an employee as a prerequisite to
238	245		an employer defendant being found negligent for its conduct or
239	246		omission, or from presenting evidence on that claim in the first
240	247		phase of a bifurcated trial; or
241	248		(2) a claim for exemplary damages under Chapter 41 for
242	249		an employer defendant's conduct or omissions in relation to the
243	250		accident that is the subject of the action, or from presenting
244	251		evidence on that claim in the second phase of a bifurcated trial.
245	252		Sec. 72.055. ADMISSIBILITY OF VISUAL DEPICTIONS OF
246	253		ACCIDENT. (a) In a civil action under this subchapter, a court may
247	254		not require expert testimony for admission into evidence of a
248	255		photograph or video of a vehicle or object involved in an accident
249	256		that is the subject of the action except as necessary to
250	257		authenticate the photograph or video.
251	258		(b) If properly authenticated under the Texas Rules of
252	259		Evidence, a photograph or video of a vehicle or object involved in
253	260		an accident that is the subject of a civil action under this
254	261		subchapter is presumed admissible, even if the photograph or video
255	262		tends to support or refute an assertion regarding the severity of
256	263		damages or injury to an object or person involved in the accident.
257	264		SECTION 5. Subchapter A, Chapter 38, Insurance Code, is
258	265		amended by adding Section 38.005 to read as follows:
259	266		Sec. 38.005. COMMERCIAL AUTOMOBILE INSURANCE REPORT. (a)
260	267		The department shall conduct a study each biennium on the effect,
261	268		for each year of the biennium, on premiums, deductibles, coverage,
262	269		and availability of coverage for commercial automobile insurance of
263	270		H.B. 19, 87th Legislature, Regular Session, 2021.
264	271		(b) Not later than December 1 of each even-numbered year,
265	272		the department shall submit a written report of the results of the
266	273		study conducted under Subsection (a) for the preceding biennium to
267	274		the legislature.
268	275		(c) This section expires December 31, 2026.
269	276		SECTION 6. The changes in law made by this Act apply only to
270	277		an action commenced on or after the effective date of this Act. An
271	278		action commenced before the effective date of this Act is governed
272	279		by the law applicable to the action immediately before the
273	280		effective date of this Act, and that law is continued in effect for
274	281		that purpose.
275	282		SECTION 7. This Act takes effect September 1, 2021.
276		-	______________________________ ______________________________
277		-	President of the Senate Speaker of the House
278		-	I certify that H.B. No. 19 was passed by the House on April
279		-	30, 2021, by the following vote: Yeas 81, Nays 49, 1 present, not
280		-	voting; and that the House concurred in Senate amendments to H.B.
281		-	No. 19 on May 28, 2021, by the following vote: Yeas 106, Nays 38, 1
282		-	present, not voting.
283		-	______________________________
284		-	Chief Clerk of the House
285		-	I certify that H.B. No. 19 was passed by the Senate, with
286		-	amendments, on May 19, 2021, by the following vote: Yeas 30, Nays
287		-	1.
288		-	______________________________
289		-	Secretary of the Senate
290		-	APPROVED: __________________
291		-	Date
292		-	__________________
293		-	Governor
	283	+	* * * * *