Texas 2023 - 88th Regular

Texas House Bill HB4218

Filed
3/8/23  
Out of House Committee
4/24/23  
Voted on by House
5/4/23  
Out of Senate Committee
5/15/23  
Voted on by Senate
5/17/23  
Governor Action
6/10/23  

Caption

Relating to liability related to a duty to retrofit certain rented or leased motor vehicles with safety devices.

Impact

The enactment of HB 4218 is expected to significantly influence the operational landscape for rental and leasing businesses in Texas. By establishing clear boundaries concerning liability, the bill aims to prevent potential lawsuits based on claims that rental vehicles lack additional safety equipment that exceeds federal requirements. This protection is deemed crucial for businesses that may find themselves facing frivolous litigation stemming from obligations that they were not explicitly required to fulfill under federal standards.

Summary

House Bill 4218, authored by Representative Leach and sponsored by Senator Middleton, addresses liability concerning the retrofit of rented or leased motor vehicles with safety devices. Specifically, it aims to clarify that rental companies are not liable for failing to retrofit vehicles with components not required by federal motor vehicle safety standards if the vehicle is compliant as manufactured. This legislative move attempts to close a legal gap that has caused confusion and litigation risks for truck leasing and rental companies, particularly regarding optional safety features.

Sentiment

General sentiment regarding HB 4218 appears divided among stakeholders. Proponents, including various rental companies and associations, argue that the bill provides necessary legal safeguards against unreasonable liability claims. They stress that the bill supports the rental industry by allowing companies to operate without fear of litigation for not retrofitting vehicles beyond federal mandates. Conversely, opposition groups, particularly from the Texas Trial Lawyers Association, expressed concerns that the bill may inadvertently weaken safety regulations and accountability, hindering consumer protection.

Contention

Notable points of contention during discussions included the prospect of limiting legal recourse for consumers who might be injured in accidents involving inadequately equipped rental vehicles. Opponents of the bill worry that it could set a precedent for reducing safety standards in rental policies, emphasizing that while it addresses liability, it may do so at the detriment of vehicle safety for consumers. The debate highlighted the tension between protecting businesses and ensuring consumer safety in vehicle rental practices.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 82. Products Liability
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 72. Liability Of Motor Vehicle Owner Or Operator
    • Section: 051
    • Section: New Section
    • Section: 053

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.