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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, "digital |
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network," "personal vehicle," and "transportation network company" |
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have the meanings assigned by Section 2402.001, Occupations Code. |
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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 personal 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 affiliation or interaction with a driver |
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logged on to a transportation network company's digital network. |
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Sec. 150E.003. REQUIRED AFFIDAVIT. (a) Except as provided |
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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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an affidavit by the claimant's counsel attesting that the damages |
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suffered by the claimant exceed the applicable insurance coverage |
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limit required under Chapter 1954, Insurance Code. |
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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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affidavit could not be prepared. A claimant shall supplement the |
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pleadings with the affidavit 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 the affidavit required by |
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Subsection (a) is 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 AFFIDAVIT. |
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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 an affidavit 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. |
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SECTION 2. Subchapter A, Chapter 2402, Occupations Code, is |
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amended by adding Section 2402.005 to read as follows: |
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Sec. 2402.005. AFFIDAVIT REQUIRED AND LIMITATION OF |
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LIABILITY FOR CERTAIN CIVIL CLAIMS. Chapter 150E, Civil Practice |
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and Remedies Code, applies to any civil action or arbitration |
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proceeding described by Section 150E.002, Civil Practice and |
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Remedies Code, against a transportation network company. |
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SECTION 3. 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 4. This Act takes effect September 1, 2021. |