Bill
Bill > HB19
TX HB19
Relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.
summary
Introduced
02/24/2021
02/24/2021
In Committee
05/13/2021
05/13/2021
Crossed Over
04/30/2021
04/30/2021
Passed
05/29/2021
05/29/2021
Dead
Signed/Enacted/Adopted
06/16/2021
06/16/2021
Introduced Session
87th Legislature Regular Session
Bill Summary
Relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.
AI Summary
This bill amends the Civil Practice and Remedies Code to create a new Subchapter B, "Actions Regarding Commercial Motor Vehicles." The key provisions include:
1. Defining terms related to commercial motor vehicles and accidents involving them, such as "accident," "civil action," "claimant," and "commercial motor vehicle."
2. Requiring a bifurcated trial in civil actions involving commercial motor vehicle accidents, with the first phase determining liability and compensatory damages, and the second phase determining liability for and the amount of exemplary damages.
3. Limiting the admissibility of evidence regarding a defendant's failure to comply with regulations or standards in the first phase of the bifurcated trial, unless the evidence tends to prove the failure was a proximate cause of the injury or death.
4. Providing that an employer defendant's liability for employee negligence in operating a commercial motor vehicle shall be based only on respondeat superior if the employer stipulates the employee was acting within the scope of employment, with some exceptions.
5. Allowing certain evidence regarding the employee's licensing, qualifications, and compliance with regulations to be admissible in the first phase of a bifurcated trial against an employer regulated by federal or state motor carrier laws.
6. Requiring the Texas Department of Insurance to conduct a biennial study on the effect of this bill on commercial automobile insurance premiums, deductibles, coverage, and availability.
Committee Categories
Justice, Transportation and Infrastructure
Sponsors (92)
Jeff Leach (R)*,
Larry Taylor (R)*,
Steve Allison (R),
Doc Anderson (R),
Trent Ashby (R),
Ernest Bailes (R),
Cecil Bell (R),
Keith Bell (R),
Paul Bettencourt (R),
Kyle Biedermann (R),
Brian Birdwell (R),
Greg Bonnen (R),
Dawn Buckingham (R),
Brad Buckley (R),
DeWayne Burns (R),
Angie Button (R),
Briscoe Cain (R),
Giovanni Capriglione (R),
Jeff Cason (R),
David Cook (R),
Tom Craddick (R),
Brandon Creighton (R),
John Cyrier (R),
Jay Dean (R),
Jake Ellzey (R),
James Frank (R),
John Frullo (R),
Gary Gates (R),
Craig Goldman (R),
Bob Hall (R),
Kelly Hancock (R),
Sam Harless (R),
Cody Harris (R),
Cole Hefner (R),
Chuy Hinojosa (D),
Justin Holland (R),
Dan Huberty (R),
Joan Huffman (R),
Bryan Hughes (R),
Lacey Hull (R),
Jacey Jetton (R),
Ken King (R),
Phil King (R),
Stephanie Klick (R),
Lois Kolkhorst (R),
Matt Krause (R),
John Kuempel (R),
Stan Lambert (R),
Brooks Landgraf (R),
Ben Leman (R),
J.M. Lozano (R),
Eddie Lucio (D),
Will Metcalf (R),
Morgan Meyer (R),
Mayes Middleton (R),
Geanie Morrison (R),
Jim Murphy (R),
Andy Murr (R),
Robert Nichols (R),
Candy Noble (R),
Tom Oliverson (R),
Leo Pacheco (D),
Chris Paddie (R),
Tan Parker (R),
Jared Patterson (R),
Dennis Paul (R),
Angela Paxton (R),
Charles Perry (R),
Four Price (R),
John Raney (R),
Glenn Rogers (R),
Scott Sanford (R),
Mike Schofield (R),
Charles Schwertner (R),
Matt Shaheen (R),
Hugh Shine (R),
Bryan Slaton (R),
Shelby Slawson (R),
Reggie Smith (R),
John Smithee (R),
David Spiller (R),
Drew Springer (R),
Phil Stephenson (R),
Lynn Stucky (R),
Valoree Swanson (R),
Ed Thompson (R),
Tony Tinderholt (R),
Steve Toth (R),
Gary VanDeaver (R),
Cody Vasut (R),
James White (R),
Terry Wilson (R),
Last Action
Effective on 9/1/21 (on 06/16/2021)
Official Document
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