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A BILL TO BE ENTITLED
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AN ACT
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relating to vicarious liability of a transportation network company |
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for acts of a driver using the company's digital network. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 150E to read as follows: |
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CHAPTER 150E. CIVIL ACTIONS OR ARBITRATIONS INVOLVING |
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TRANSPORTATION NETWORK COMPANIES |
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Sec. 150E.001. DEFINITIONS. In this chapter: |
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(1) "Digital network" and "transportation network |
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company" have the meanings assigned by Section 2402.001, |
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Occupations Code. |
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(2) "Network vehicle" means a land motor vehicle that: |
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(A) is available on a digital network; |
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(B) is of the following type: |
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(i) black car or other for hire; or |
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(ii) private passenger, pickup truck, or |
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cargo van; |
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(C) is designed to operate primarily on a public |
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road; |
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(D) has at least four wheels; and |
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(E) has seating for not more than eight |
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passengers, including the driver. |
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Sec. 150E.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to an action or arbitration proceeding in which: |
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(1) a transportation network company is a defendant; |
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(2) the claimant seeks recovery of damages for loss of |
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property, bodily injury, or death; |
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(3) the claim for which the action or proceeding is |
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brought arises out of the ownership, use, operation, or possession |
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of a network vehicle while the vehicle's driver or passenger was |
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logged on to a transportation network company's digital network; |
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and |
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(4) the theory of recovery for which damages are |
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sought against the transportation network company is based on: |
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(A) the ownership, operation, design, |
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manufacture, or maintenance of a digital network accessed by a |
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driver or passenger; or |
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(B) the relationship, affiliation, or |
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interaction with a driver logged on to a transportation network |
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company's digital network. |
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Sec. 150E.003. LIMITATION OF LIABILITY. (a) A |
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transportation network company may not be held vicariously liable |
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for damages in an action or arbitration proceeding to which this |
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chapter applies if: |
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(1) the claimant does not prove by clear and |
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convincing evidence that the company was grossly negligent with |
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respect to the subject claim; or |
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(2) the company has fulfilled all of the company's |
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obligations with respect to the transportation network company |
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driver under Chapter 2402, Occupations Code, relating to the |
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subject claim. |
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(b) Subsection (a) does not affect the liability of a |
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transportation network company arising out of the company's own |
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negligence or gross negligence for an act or omission relating to |
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the use of the company's digital network, including the failure to |
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prevent a driver from logging on to the digital network if, at the |
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time of the event giving rise to the cause of action, the company |
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had actual knowledge that the driver was disqualified from logging |
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on to the company's digital network for a reason described by |
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Section 2402.107(b), Occupations Code, that occurred after the most |
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recent review of the driver's driving record or criminal background |
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check required by Section 2402.107, Occupations Code. |
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SECTION 2. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |