The bill would amend the Civil Practice and Remedies Code to provide that, in a civil action involving a commercial motor vehicle, on motion of the defendant the court must provide for a bifurcated trial. Under the bill's provisions, the motion must be made no later than 120 days after the date the defendant bringing the motion files the defendant's original answer.
The bill would provide that in a civil action involving a commercial motor vehicle, a defendant's failure to comply with a regulation or standard is admissible in the first phase only if certain conditions are met. The bill would provide that in a civil action under the bill's provisions, an employer defendant's liability for damages caused by ordinary negligence of a person operating the defendant's commercial motor vehicle can be based only on respondeat superior if the defendant stipulates that the person operating the vehicle was the defendant's employee and acting within the scope of employment. The bill would limit what evidence a claimant may present in the first phase if the employer makes this stipulation. The bill details what photographic or video evidence could be admitted without expert testimony in a civil action under the new subchapter.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
The bill would take effect immediately upon receiving a two-thirds majority vote in both houses; otherwise, the bill would take effect September 1, 2021.
No significant fiscal implication to units of local government is anticipated.