Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB19 by Leach (Relating to procedure, evidence, and remedies in civil actions.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to require that in civil actions involving a commercial motor vehicle, on motion by a defendant, a court shall provide for a bifurcated trial. The first phase of the bifurcated trial would determine liability for and the amount of compensatory damage. The second phase would determine liability for and the amount of exemplary damages to be awarded.
The bill would also provide that in a civil action involving a commercial motor vehicle, a defendant's failure to comply with a regulation or standard would not be admissible into evidence and would not support a judgment for liability or damages unless 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 use or condition of the defendant's property or equipment that is at issue, and a reasonable jury could find that the failure to comply was a proximate cause of the injury or death for which damages are sought.
The bill would require a court, on motion of a defendant, to dismiss a direct action against a defendant if the defendant stipulates that the injury or death for which damages are sought were caused by an employee acting within the scope of employment.
The bill would outline periodic payment procedures in a civil action involving a commercial motor vehicle in which the court determines the present value of an award for future damages is at least $100,000. The bill would set admissibility requirements related to certain photo or video evidence of a vehicle or object involved in an accident involving a motor vehicle.
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.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.