Bill > SB39

This bill modifies Texas civil liability laws regarding commercial motor vehicle accidents by changing how employer defendants can be held liable for their employees' negligence. The bill allows an employer to limit their liability to respondeat superior (a legal doctrine where an employer is responsible for an employee's actions) if they stipulate that the vehicle operator was their employee acting within the scope of employment. In a bifurcated trial (a trial divided into separate phases), the claimant would be prevented from presenting evidence of the employee's negligence in the first phase. However, the bill explicitly preserves the claimant's right to pursue other types of negligence claims against the employer, such as negligent maintenance, repair, or loading, which do not require proving the employee's negligence. The bill also maintains the ability to seek exemplary damages in the second phase of a trial. These changes will apply to civil actions commenced on or after September 1, 2025, and will not retroactively affect trials or retrials in progress before that date. The legislation aims to provide clearer guidelines for determining civil liability in commercial motor vehicle accident cases.

Justice, Transportation and Infrastructure

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB39