Texas 2023 - 88th Regular

Texas Senate Bill SB901 Compare Versions

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1	1	88R4269 MZM-F
2	2	By: Nichols S.B. No. 901
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil actions or arbitrations involving transportation
8	8	network companies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 6, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 150E to read as follows:
12	12	CHAPTER 150E. CIVIL ACTIONS OR ARBITRATIONS INVOLVING
13	13	TRANSPORTATION NETWORK COMPANIES
14	14	Sec. 150E.001. DEFINITIONS. In this chapter:
15	15	(1) "Digital network" and "transportation network
16	16	company" have the meanings assigned by Section 2402.001,
17	17	Occupations Code.
18	18	(2) "Network vehicle" means a land motor vehicle that:
19	19	(A) is available on a digital network;
20	20	(B) is of the following type:
21	21	(i) black car or other for hire; or
22	22	(ii) private passenger, pickup truck, or
23	23	cargo van;
24	24	(C) is designed to operate primarily on a public
25	25	road;
26	26	(D) has at least four wheels; and
27	27	(E) has seating for not more than eight
28	28	passengers, including the driver.
29	29	Sec. 150E.002. APPLICABILITY OF CHAPTER. This chapter
30	30	applies only to an action or arbitration proceeding in which:
31	31	(1) a transportation network company is a defendant;
32	32	(2) the claimant seeks recovery of damages for loss of
33	33	property, bodily injury, or death;
34	34	(3) the claim for which the action or proceeding is
35	35	brought arises out of the ownership, use, operation, or possession
36	36	of a network vehicle while the vehicle's driver or passenger was
37	37	logged on to a transportation network company's digital network;
38	38	and
39	39	(4) the theory of recovery for which damages are
40	40	sought against the transportation network company is based on:
41	41	(A) the ownership, operation, design,
42	42	manufacture, or maintenance of a digital network accessed by a
43	43	driver or passenger; or
44	44	(B) the relationship, affiliation, or
45	45	interaction with a driver logged on to a transportation network
46	46	company's digital network.
47	47	Sec. 150E.003. REQUIRED AFFIDAVITS. (a) Except as
48	48	provided by Subsection (b), at the time a claimant initially names a
49	49	transportation network company as a party in an action or
50	50	proceeding to which this chapter applies, a claimant shall, as
51	51	applicable, file with the petition or provide to the arbitration
52	52	tribunal and each other party at the initiation of the arbitration:
53	53	(1) an affidavit by the claimant's counsel that sets
54	54	forth specifically for each theory of recovery for which damages
55	55	are sought:
56	56	(A) the negligence, if any, or other action,
57	57	error, or omission of the company; and
58	58	(B) the factual basis for each claim; and
59	59	(2) an affidavit attesting that the damages suffered
60	60	by the claimant exceed the applicable insurance coverage limit
61	61	required under Chapter 1954, Insurance Code, that is signed by a
62	62	third-party expert who:
63	63	(A) is competent to testify; and
64	64	(B) offers testimony based on the expert's:
65	65	(i) knowledge;
66	66	(ii) skill;
67	67	(iii) experience;
68	68	(iv) education;
69	69	(v) training; and
70	70	(vi) practice.
71	71	(b) The contemporaneous filing requirement of Subsection
72	72	(a) does not apply to any action or arbitration proceeding in which
73	73	the limitations period expires within 10 days of the date of filing
74	74	of the petition or initiation of arbitration and, because of the
75	75	time constraints, a claimant has alleged that the required
76	76	affidavits could not be prepared. A claimant shall supplement the
77	77	pleadings with the affidavits not later than the 30th day after the
78	78	date the petition is filed or the arbitration is initiated. The
79	79	trial court or arbitration tribunal may, on a motion by a party,
80	80	after hearing and for good cause, extend the deadline for
81	81	supplementing the pleadings as the court or tribunal determines
82	82	justice requires.
83	83	(c) A defendant in the action or arbitration proceeding is
84	84	not required to file an answer to the petition or arbitration
85	85	request until the 30th day after the date all affidavits required by
86	86	Subsection (a) are filed.
87	87	(d) This section may not be construed to extend any
88	88	applicable period of limitation or repose.
89	89	Sec. 150E.004. DISMISSAL FOR FAILURE TO PROVIDE AFFIDAVITS.
90	90	(a) A court or arbitration tribunal shall dismiss with prejudice a
91	91	complaint against a transportation network company with respect to
92	92	which the claimant failed to file the affidavits in accordance with
93	93	Section 150E.003.
94	94	(b) An order granting or denying a motion for dismissal
95	95	under this chapter is, as applicable:
96	96	(1) immediately appealable as an interlocutory order;
97	97	or
98	98	(2) grounds to file an application to a court under
99	99	Subchapter D, Chapter 171, for the court to review the order.
100	100	Sec. 150E.005. LIMITATION OF LIABILITY. A transportation
101	101	network company may not be held vicariously liable for damages in an
102	102	action or arbitration proceeding to which this chapter applies if
103	103	the company:
104	104	(1) did not commit a crime under the laws of this state
105	105	or federal law; and
106	106	(2) has fulfilled all of the company's obligations
107	107	with respect to the transportation network company driver under
108	108	Chapter 2402, Occupations Code, relating to the subject claim.
109	109	SECTION 2. The changes in law made by this Act apply only to
110	110	a cause of action that accrues on or after the effective date of
111	111	this Act.
112	112	SECTION 3. This Act takes effect September 1, 2023.