|
House Bill 1745 |
House Author: Leach |
|
Effective: 9-1-23 |
Senate Sponsor: Nichols |
House Bill 1745 amends the Civil Practice and Remedies Code to exempt an applicable transportation network company from vicarious liability for damages in certain actions or arbitration proceedings if the claimant does not prove by clear and convincing evidence that the company was grossly negligent with respect to the subject claim and the company has fulfilled all of its obligations with respect to the driver as required by applicable Occupations Code provisions relating to the subject claim. This exemption does not affect the liability of a transportation network company arising out of the company's own negligence or gross negligence for an act or omission relating to the use of the company's digital network, including the failure to prevent a driver from logging on to the digital network if, at the time of the event giving rise to the cause of action, the company had actual knowledge that the driver was disqualified from logging on to the company's digital network for one of the reasons described by existing statute, that occurred after the most recent review of the driver's driving record or criminal background check.