Texas 2021 - 87th Regular

Texas Senate Bill SB17 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10917 TYPED
2	2	By: Taylor, et al. S.B. No. 17
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedure, evidence, and remedies in civil actions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 72, Civil Practice and
10	10	Remedies Code, is amended to read as follows:
11	11	CHAPTER 72. [LIABILITY OF] MOTOR VEHICLE [OWNER OR OPERATOR TO
12	12	GUEST]
13	13	SECTION 2. Chapter 72, Civil Practice and Remedies Code, is
14	14	amended by adding Sections 72.0001 and 72.005 through 72.009 to
15	15	read as follows:
16	16	Sec. 72.0001. DEFINITIONS. In this chapter:
17	17	(1) "Accident" means an event in which a motor vehicle
18	18	comes into contact with a person or object, including another motor
19	19	vehicle, causing bodily injury or death.
20	20	(2) "Civil action" means an action in which:
21	21	(A) a person seeks recovery of damages for bodily
22	22	injury or death caused in an accident; and
23	23	(B) a defendant or responsible third party is a
24	24	person who:
25	25	(i) operated a motor vehicle involved in
26	26	the accident; or
27	27	(ii) owned, leased, or otherwise exercised
28	28	legal control over a motor vehicle involved in the accident.
29	29	(3) "Claimant" means a person, including a decedent's
30	30	estate, seeking or who has sought recovery of damages in a civil
31	31	action.
32	32	(4) "Commercial motor vehicle" means a motor vehicle
33	33	being used in interstate or intrastate commerce for the
34	34	transportation of property or passengers for commercial purposes,
35	35	for the delivery or transport of goods for commercial purposes, or
36	36	for the providing of services for commercial purposes. A motor
37	37	vehicle that is being used primarily for personal, family, or
38	38	household use is not a commercial motor vehicle.
39	39	(5) "Compensatory damages" and "exemplary damages"
40	40	have the meanings assigned by Section 41.001.
41	41	(6) "Future damages" and "future loss of earnings"
42	42	have the meanings assigned by Section 74.501.
43	43	(7) "Gross negligence" has the meaning assigned by
44	44	Section 41.001.
45	45	(8) "Motor vehicle" means a self-propelled or towed
46	46	device in which a person or property can be transported on a public
47	47	highway. The term includes a trailer designed for use with a
48	48	self-propelled device described by this subsection. The term does
49	49	not include a device used exclusively upon stationary rails or
50	50	tracks.
51	51	(9) "Periodic payments" has the meaning assigned by
52	52	Section 74.501.
53	53	(10) "Video" means an electronic representation of a
54	54	sequence of images, with or without accompanying audio, depicting
55	55	either stationary or moving scenes, regardless of the manner in
56	56	which the sequence of images is captured, recorded, or stored.
57	57	Sec. 72.005. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
58	58	VEHICLE ACCIDENT ACTIONS. (a) In a civil action involving a
59	59	commercial motor vehicle, on motion by a defendant, the court shall
60	60	provide for a bifurcated trial under this section.
61	61	(b) A motion under this section shall be made prior to the
62	62	beginning of voir dire examination of the jury or at a time
63	63	specified by a pretrial court order issued under Rule 166, Texas
64	64	Rules of Civil Procedure.
65	65	(c) In the first phase of a bifurcated trial under this
66	66	section, the trier of fact shall determine liability for and the
67	67	amount of compensatory damages, unless the defendant has stipulated
68	68	to liability. If the defendant has stipulated to liability, the
69	69	trier of fact shall determine in the first phase only the amount of
70	70	compensatory damages.
71	71	(d) In the second phase of a bifurcated trial under this
72	72	section, the trier of fact shall determine liability for and the
73	73	amount of exemplary damages to be awarded if:
74	74	(1) the claimant's pleading states a claim for
75	75	recovery of exemplary damages;
76	76	(2) either:
77	77	(A) the trier of fact found during the first
78	78	phase of the bifurcated trial that the defendant is liable to the
79	79	claimant for compensatory damages on a claim that supports
80	80	exemplary damages; or
81	81	(B) the defendant stipulated to liability on a
82	82	claim that supports exemplary damages; and
83	83	(3) in the first phase of the bifurcated trial, the
84	84	trier of fact awarded compensatory damages on the claim supporting
85	85	exemplary damages.
86	86	(e) For purposes of this section, a finding by the trier of
87	87	fact in the first phase of a bifurcated trial that can support a
88	88	judgment against the defendant under respondeat superior for an
89	89	employee's negligence shall be regarded as a finding supporting
90	90	exemplary damages under Subsection (d) in a direct action against
91	91	the defendant for enabling that employee's negligence.
92	92	Sec. 72.006. COMPLIANCE WITH REGULATIONS OR STANDARDS. (a)
93	93	In a civil action involving a commercial motor vehicle, a
94	94	defendant's failure to comply with a regulation or standard is not
95	95	admissible into evidence and will not support a judgment for
96	96	liability or damages against a defendant in that action unless:
97	97	(1) the regulation or standard governs a specific
98	98	aspect of the defendant's or defendant's employee's conduct or
99	99	omission that is at issue in the action, or a specific aspect of the
100	100	use or condition of the defendant's property or equipment that is at
101	101	issue in the action; and
102	102	(2) a reasonable jury could find that failure to
103	103	comply with the regulation or standard was a proximate cause of the
104	104	bodily injury or death for which damages are sought in the action.
105	105	(b) If a defendant's failure to comply with a regulation or
106	106	standard is admissible into evidence under Subsection (a), then
107	107	other instances of the defendant's failure to comply with the
108	108	regulation or standard within the two-year period preceding the
109	109	date of the accident also may be admitted into evidence if otherwise
110	110	admissible under the Texas Rules of Evidence.
111	111	(c) Unless the parties agree to the discovery, a claimant
112	112	seeking to use pretrial discovery to obtain evidence of a
113	113	defendant's failure to comply with a regulation or standard must
114	114	obtain a court order allowing the discovery. If a trial court
115	115	authorizes the discovery, the court's order must limit the
116	116	discovery to:
117	117	(1) a reasonable period of time, which may not exceed
118	118	the period beginning two years before the date of the accident and
119	119	ending on the date of the accident; and
120	120	(2) the least burdensome method available to obtain
121	121	the evidence.
122	122	(d) An order allowing discovery under this section may be
123	123	reviewed in an original proceeding for an abuse of discretion in
124	124	which the inadequacy of a remedy at law shall be presumed. When
125	125	reviewing an order authorizing or denying discovery under this
126	126	section, the reviewing court may consider only the evidence
127	127	submitted by the parties to the trial court in support of or in
128	128	opposition to the motion.
129	129	(e) For purposes of this section, a "regulation or standard"
130	130	includes:
131	131	(1) a statute, regulation, rule, or order regulating
132	132	equipment or conduct adopted or promulgated by a federal, state, or
133	133	local government, agency, or authority; and
134	134	(2) the defendant's policies, procedures, or
135	135	statements.
136	136	Sec. 72.007. LIABILITY FOR EMPLOYEE NEGLIGENCE AND EMPLOYER
137	137	GROSS NEGLIGENCE. (a) In a civil action involving a commercial
138	138	motor vehicle, if a defendant in the action complies with
139	139	Subsection (b), the defendant's liability for damages caused by an
140	140	employee's negligence shall be based on respondeat superior and not
141	141	on a direct action against the defendant for its conduct or
142	142	omissions.
143	143	(b) On motion of a defendant, a trial court shall dismiss a
144	144	direct action against a defendant if the defendant stipulates that
145	145	at the time of the event that caused the bodily injury or death for
146	146	which damages are sought in the action:
147	147	(1) a person whose conduct is alleged to have caused
148	148	the bodily injury or death was the defendant's employee; and
149	149	(2) the employee was acting within the scope of
150	150	employment with the defendant.
151	151	(c) A defendant may be adjudged to be directly liable for
152	152	exemplary damages only if:
153	153	(1) the defendant's employee's negligence is found to
154	154	have caused or contributed to causing the bodily injury or death
155	155	that is the subject of the action;
156	156	(2) damages in excess of nominal damages are awarded
157	157	to the claimant for the defendant's employee's negligence; and
158	158	(3) the defendant is found to have been grossly
159	159	negligent for its conduct or omissions.
160	160	(d) Pretrial discovery related to an allegation that a
161	161	defendant was grossly negligent in its conduct or omissions must be
162	162	limited to a reasonable period of time, which may not exceed the
163	163	period beginning two years before the date of the accident and
164	164	ending on the date of the accident.
165	165	(e) Before calling the action for trial on the merits, a
166	166	court must rule on a timely filed motion to dismiss under Subsection
167	167	(b) or motion for summary judgment addressed to an allegation that a
168	168	defendant was grossly negligent in its conduct or omissions.
169	169	(f) For purposes of this section, "employee" includes an
170	170	agent or other person for whom the employer may be liable under
171	171	respondeat superior.
172	172	Sec. 72.008. PERIODIC PAYMENT OF FUTURE DAMAGES FOR
173	173	COMMERCIAL MOTOR VEHICLE ACCIDENTS. (a) This section applies only
174	174	to a civil action involving a commercial motor vehicle in which the
175	175	present value of the award of future damages, as determined by the
176	176	court, is at least $100,000.
177	177	(b) At the request of a party, the court shall order that
178	178	future damages awarded in the action be paid in periodic payments
179	179	and not as a lump-sum payment.
180	180	(c) The number and amounts of future payments shall
181	181	correspond to the evidence regarding future damages presented by
182	182	the claimant.
183	183	(d) The court shall make a specific finding of the dollar
184	184	amount of periodic payments that will compensate the claimant for
185	185	the future damages and state in the judgment:
186	186	(1) the recipient of the future payments;
187	187	(2) the dollar amount of each future payment; and
188	188	(3) the date on which each future payment shall be
189	189	made.
190	190	(e) The judgment shall provide for payments to be funded by:
191	191	(1) an annuity contract issued by a company authorized
192	192	to engage in business as an insurance company, including an
193	193	assignment within the meaning of Section 130, Internal Revenue Code
194	194	of 1986, as amended;
195	195	(2) an obligation of the United States;
196	196	(3) applicable and collectible liability insurance
197	197	from one or more qualified insurers; or
198	198	(4) any other satisfactory form of funding suggested
199	199	by the defendant making the payments and approved by the court.
200	200	(f) On the death of the recipient of payments of future
201	201	damages, money damages awarded for future loss of earnings continue
202	202	to be paid to the estate of the recipient, without reduction.
203	203	Periodic payments, other than future loss of earnings, terminate on
204	204	the death of the recipient.
205	205	(g) Following the satisfaction or termination of any
206	206	obligations specified in the judgment for periodic payments of
207	207	future damages, any obligation of the defendant to make further
208	208	payments ends and any funds held for the payment of future damages
209	209	or security posted by the defendant or on the defendant's behalf
210	210	revert to the defendant.
211	211	Sec. 72.009. ADMISSIBILITY OF VISUAL DEPICTIONS OF
212	212	ACCIDENT. (a) In a civil action involving a motor vehicle, a court
213	213	shall not exclude from evidence a photograph or video of a vehicle
214	214	or object involved in the accident that was taken at or near the
215	215	time of the accident if the photograph or video:
216	216	(1) is an accurate depiction of the vehicle or object
217	217	being depicted; and
218	218	(2) standing alone or when viewed with another
219	219	photograph or video, may provide evidence of:
220	220	(A) the cause of the accident;
221	221	(B) the events occurring before, during, or after
222	222	the accident that are related to the accident; and
223	223	(C) the extent of damage caused to a vehicle or
224	224	object involved in the accident.
225	225	(b) The fact that a photograph or video tends to support or
226	226	refute an assertion regarding the severity of damages or injury to
227	227	an object or person arising from the accident is not a basis for
228	228	excluding admission of the photograph or video.
229	229	SECTION 3. The changes in law made by this Act apply only to
230	230	a cause of action commenced on or after the effective date of this
231	231	Act. A cause of action commenced before the effective date of this
232	232	Act is governed by the law applicable to the cause of action
233	233	immediately before the effective date of this Act, and that law is
234	234	continued in effect for that purpose.
235	235	SECTION 4. This Act takes effect immediately if it receives
236	236	a vote of two-thirds of all the members elected to each house, as
237	237	provided by Section 39, Article III, Texas Constitution. If this
238	238	Act does not receive the vote necessary for immediate effect, this
239	239	Act takes effect September 1, 2021.