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A BILL TO BE ENTITLED
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AN ACT
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relating to civil actions or arbitrations involving transportation |
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network companies. |
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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. REQUIRED AFFIDAVITS. (a) Except as |
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provided by Subsection (b), at the time a claimant initially names a |
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transportation network company as a party in an action or |
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proceeding to which this chapter applies, a claimant shall, as |
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applicable, file with the petition or provide to the arbitration |
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tribunal and each other party at the initiation of the arbitration: |
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(1) an affidavit by the claimant's counsel that sets |
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forth specifically for each theory of recovery for which damages |
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are sought: |
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(A) the negligence, if any, or other action, |
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error, or omission of the company; and |
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(B) the factual basis for each claim; and |
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(2) an affidavit attesting that the damages suffered |
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by the claimant exceed the applicable insurance coverage limit |
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required under Chapter 1954, Insurance Code, that is signed by a |
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third-party expert who: |
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(A) is competent to testify; and |
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(B) offers testimony based on the expert's: |
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(i) knowledge; |
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(ii) skill; |
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(iii) experience; |
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(iv) education; |
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(v) training; and |
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(vi) practice. |
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(b) The contemporaneous filing requirement of Subsection |
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(a) does not apply to any action or arbitration proceeding in which |
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the limitations period expires within 10 days of the date of filing |
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of the petition or initiation of arbitration and, because of the |
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time constraints, a claimant has alleged that the required |
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affidavits could not be prepared. A claimant shall supplement the |
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pleadings with the affidavits not later than the 30th day after the |
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date the petition is filed or the arbitration is initiated. The |
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trial court or arbitration tribunal may, on a motion by a party, |
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after hearing and for good cause, extend the deadline for |
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supplementing the pleadings as the court or tribunal determines |
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justice requires. |
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(c) A defendant in the action or arbitration proceeding is |
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not required to file an answer to the petition or arbitration |
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request until the 30th day after the date all affidavits required by |
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Subsection (a) are filed. |
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(d) This section may not be construed to extend any |
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applicable period of limitation or repose. |
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Sec. 150E.004. DISMISSAL FOR FAILURE TO PROVIDE AFFIDAVITS. |
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(a) A court or arbitration tribunal shall dismiss with prejudice a |
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complaint against a transportation network company with respect to |
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which the claimant failed to file the affidavits in accordance with |
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Section 150E.003. |
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(b) An order granting or denying a motion for dismissal |
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under this chapter is, as applicable: |
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(1) immediately appealable as an interlocutory order; |
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or |
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(2) grounds to file an application to a court under |
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Subchapter D, Chapter 171, for the court to review the order. |
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Sec. 150E.005. LIMITATION OF LIABILITY. A transportation |
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network company may not be held vicariously liable for damages in an |
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action or arbitration proceeding to which this chapter applies if |
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the company: |
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(1) did not commit a crime under the laws of this state |
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or federal law; and |
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(2) has fulfilled all of the company's obligations |
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with respect to the transportation network company driver under |
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Chapter 2402, Occupations Code, relating to the subject claim. |
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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. |