87R10917 TYPED
 
  By: Taylor, et al. S.B. No. 17
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedure, evidence, and remedies in civil actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 72, Civil Practice and
  Remedies Code, is amended to read as follows:
  CHAPTER 72. [LIABILITY OF] MOTOR VEHICLE [OWNER OR OPERATOR TO
  GUEST]
         SECTION 2.  Chapter 72, Civil Practice and Remedies Code, is
  amended by adding Sections 72.0001 and 72.005 through 72.009 to
  read as follows:
         Sec. 72.0001.  DEFINITIONS. In this chapter:
               (1)  "Accident" means an event in which a motor vehicle
  comes into contact with a person or object, including another motor
  vehicle, causing bodily injury or death.
               (2)  "Civil action" means an action in which:
                     (A)  a person seeks recovery of damages for bodily
  injury or death caused in an accident; and
                     (B)  a defendant or responsible third party is a
  person who:
                           (i)  operated a motor vehicle involved in
  the accident; or
                           (ii)  owned, leased, or otherwise exercised
  legal control over a motor vehicle involved in the accident.
               (3)  "Claimant" means a person, including a decedent's
  estate, seeking or who has sought recovery of damages in a civil
  action.
               (4)  "Commercial motor vehicle" means a motor vehicle
  being used in interstate or intrastate commerce for the
  transportation of property or passengers for commercial purposes,
  for the delivery or transport of goods for commercial purposes, or
  for the providing of services for commercial purposes. A motor
  vehicle that is being used primarily for personal, family, or
  household use is not a commercial motor vehicle.
               (5)  "Compensatory damages" and "exemplary damages"
  have the meanings assigned by Section 41.001.
               (6)  "Future damages" and "future loss of earnings"
  have the meanings assigned by Section 74.501.
               (7)  "Gross negligence" has the meaning assigned by
  Section 41.001.
               (8)  "Motor vehicle" means a self-propelled or towed
  device in which a person or property can be transported on a public
  highway. The term includes a trailer designed for use with a
  self-propelled device described by this subsection. The term does
  not include a device used exclusively upon stationary rails or
  tracks.
               (9)  "Periodic payments" has the meaning assigned by
  Section 74.501.
               (10)  "Video" means an electronic representation of a
  sequence of images, with or without accompanying audio, depicting
  either stationary or moving scenes, regardless of the manner in
  which the sequence of images is captured, recorded, or stored.
         Sec. 72.005.  BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
  VEHICLE ACCIDENT ACTIONS. (a) In a civil action involving a
  commercial motor vehicle, on motion by a defendant, the court shall
  provide for a bifurcated trial under this section.
         (b)  A motion under this section shall be made prior to the
  beginning of voir dire examination of the jury or at a time
  specified by a pretrial court order issued under Rule 166, Texas
  Rules of Civil Procedure.
         (c)  In the first phase of a bifurcated trial under this
  section, the trier of fact shall determine liability for and the
  amount of compensatory damages, unless the defendant has stipulated
  to liability. If the defendant has stipulated to liability, the
  trier of fact shall determine in the first phase only the amount of
  compensatory damages.
         (d)  In the second phase of a bifurcated trial under this
  section, the trier of fact shall determine liability for and the
  amount of exemplary damages to be awarded if:
               (1)  the claimant's pleading states a claim for
  recovery of exemplary damages;
               (2)  either:
                     (A)  the trier of fact found during the first
  phase of the bifurcated trial that the defendant is liable to the
  claimant for compensatory damages on a claim that supports
  exemplary damages; or
                     (B)  the defendant stipulated to liability on a
  claim that supports exemplary damages; and
               (3)  in the first phase of the bifurcated trial, the
  trier of fact awarded compensatory damages on the claim supporting
  exemplary damages.
         (e)  For purposes of this section, a finding by the trier of
  fact in the first phase of a bifurcated trial that can support a
  judgment against the defendant under respondeat superior for an
  employee's negligence shall be regarded as a finding supporting
  exemplary damages under Subsection (d) in a direct action against
  the defendant for enabling that employee's negligence.
         Sec. 72.006.  COMPLIANCE WITH REGULATIONS OR STANDARDS. (a)
  In a civil action involving a commercial motor vehicle, a
  defendant's failure to comply with a regulation or standard is not
  admissible into evidence and will not support a judgment for
  liability or damages against a defendant in that action unless:
               (1)  the regulation or standard governs a specific
  aspect of the defendant's or defendant's employee's conduct or
  omission that is at issue in the action, or a specific aspect of the
  use or condition of the defendant's property or equipment that is at
  issue in the action; and
               (2)  a reasonable jury could find that failure to
  comply with the regulation or standard was a proximate cause of the
  bodily injury or death for which damages are sought in the action.
         (b)  If a defendant's failure to comply with a regulation or
  standard is admissible into evidence under Subsection (a), then
  other instances of the defendant's failure to comply with the
  regulation or standard within the two-year period preceding the
  date of the accident also may be admitted into evidence if otherwise
  admissible under the Texas Rules of Evidence.
         (c)  Unless the parties agree to the discovery, a claimant
  seeking to use pretrial discovery to obtain evidence of a
  defendant's failure to comply with a regulation or standard must
  obtain a court order allowing the discovery. If a trial court
  authorizes the discovery, the court's order must limit the
  discovery to:
               (1)  a reasonable period of time, which may not exceed
  the period beginning two years before the date of the accident and
  ending on the date of the accident; and
               (2)  the least burdensome method available to obtain
  the evidence.
         (d)  An order allowing discovery under this section may be
  reviewed in an original proceeding for an abuse of discretion in
  which the inadequacy of a remedy at law shall be presumed. When
  reviewing an order authorizing or denying discovery under this
  section, the reviewing court may consider only the evidence
  submitted by the parties to the trial court in support of or in
  opposition to the motion.
         (e)  For purposes of this section, a "regulation or standard"
  includes:
               (1)  a statute, regulation, rule, or order regulating
  equipment or conduct adopted or promulgated by a federal, state, or
  local government, agency, or authority; and
               (2)  the defendant's policies, procedures, or
  statements.
         Sec. 72.007.  LIABILITY FOR EMPLOYEE NEGLIGENCE AND EMPLOYER
  GROSS NEGLIGENCE. (a) In a civil action involving a commercial
  motor vehicle, if a defendant in the action complies with
  Subsection (b), the defendant's liability for damages caused by an
  employee's negligence shall be based on respondeat superior and not
  on a direct action against the defendant for its conduct or
  omissions.
         (b)  On motion of a defendant, a trial court shall dismiss a
  direct action against a defendant if the defendant stipulates that
  at the time of the event that caused the bodily injury or death for
  which damages are sought in the action:
               (1)  a person whose conduct is alleged to have caused
  the bodily injury or death was the defendant's employee; and
               (2)  the employee was acting within the scope of
  employment with the defendant.
         (c)  A defendant may be adjudged to be directly liable for
  exemplary damages only if:
               (1)  the defendant's employee's negligence is found to
  have caused or contributed to causing the bodily injury or death
  that is the subject of the action;
               (2)  damages in excess of nominal damages are awarded
  to the claimant for the defendant's employee's negligence; and
               (3)  the defendant is found to have been grossly
  negligent for its conduct or omissions.
         (d)  Pretrial discovery related to an allegation that a
  defendant was grossly negligent in its conduct or omissions must be
  limited to a reasonable period of time, which may not exceed the
  period beginning two years before the date of the accident and
  ending on the date of the accident.
         (e)  Before calling the action for trial on the merits, a
  court must rule on a timely filed motion to dismiss under Subsection
  (b) or motion for summary judgment addressed to an allegation that a
  defendant was grossly negligent in its conduct or omissions.
         (f)  For purposes of this section, "employee" includes an
  agent or other person for whom the employer may be liable under
  respondeat superior.
         Sec. 72.008.  PERIODIC PAYMENT OF FUTURE DAMAGES FOR
  COMMERCIAL MOTOR VEHICLE ACCIDENTS. (a) This section applies only
  to a civil action involving a commercial motor vehicle in which the
  present value of the award of future damages, as determined by the
  court, is at least $100,000.
         (b)  At the request of a party, the court shall order that
  future damages awarded in the action be paid in periodic payments
  and not as a lump-sum payment.
         (c)  The number and amounts of future payments shall
  correspond to the evidence regarding future damages presented by
  the claimant.
         (d)  The court shall make a specific finding of the dollar
  amount of periodic payments that will compensate the claimant for
  the future damages and state in the judgment:
               (1)  the recipient of the future payments;
               (2)  the dollar amount of each future payment; and
               (3)  the date on which each future payment shall be
  made.
         (e)  The judgment shall provide for payments to be funded by:
               (1)  an annuity contract issued by a company authorized
  to engage in business as an insurance company, including an
  assignment within the meaning of Section 130, Internal Revenue Code
  of 1986, as amended;
               (2)  an obligation of the United States;
               (3)  applicable and collectible liability insurance
  from one or more qualified insurers; or
               (4)  any other satisfactory form of funding suggested
  by the defendant making the payments and approved by the court.
         (f)  On the death of the recipient of payments of future
  damages, money damages awarded for future loss of earnings continue
  to be paid to the estate of the recipient, without reduction.
  Periodic payments, other than future loss of earnings, terminate on
  the death of the recipient.
         (g)  Following the satisfaction or termination of any
  obligations specified in the judgment for periodic payments of
  future damages, any obligation of the defendant to make further
  payments ends and any funds held for the payment of future damages
  or security posted by the defendant or on the defendant's behalf
  revert to the defendant.
         Sec. 72.009.  ADMISSIBILITY OF VISUAL DEPICTIONS OF
  ACCIDENT. (a) In a civil action involving a motor vehicle, a court
  shall not exclude from evidence a photograph or video of a vehicle
  or object involved in the accident that was taken at or near the
  time of the accident if the photograph or video:
               (1)  is an accurate depiction of the vehicle or object
  being depicted; and
               (2)  standing alone or when viewed with another
  photograph or video, may provide evidence of:
                     (A)  the cause of the accident;
                     (B)  the events occurring before, during, or after
  the accident that are related to the accident; and
                     (C)  the extent of damage caused to a vehicle or
  object involved in the accident.
         (b)  The fact that a photograph or video tends to support or
  refute an assertion regarding the severity of damages or injury to
  an object or person arising from the accident is not a basis for
  excluding admission of the photograph or video.
         SECTION 3.  The changes in law made by this Act apply only to
  a cause of action commenced on or after the effective date of this
  Act. A cause of action commenced before the effective date of this
  Act is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.