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A BILL TO BE ENTITLED
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AN ACT
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relating to civil actions involving commercial motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 72.051(2) and (4), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(2) "Civil action" means an action in which: |
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(A) a claimant seeks recovery of damages for |
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bodily injury or death caused in an accident; and |
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(B) a defendant: |
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(i) operated a commercial motor vehicle |
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involved in the accident; or |
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(ii) owned, leased, rented, or [otherwise] |
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held or exercised legal control over a commercial motor vehicle or |
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operator of a commercial motor vehicle involved in the accident. |
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(4) "Commercial motor vehicle" means a motor vehicle |
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being used for commercial purposes in interstate or intrastate |
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commerce to transport property or passengers, deliver or transport |
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goods, or provide services. [The term does not include a motor |
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vehicle being used at the time of the accident for personal, family, |
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or household purposes.] |
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SECTION 2. Subchapter B, Chapter 72, Civil Practice and |
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Remedies Code, is amended by adding Section 72.0512 to read as |
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follows: |
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Sec. 72.0512. APPLICABILITY OF SUBCHAPTER. |
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Notwithstanding Section 72.051, a motor vehicle being used at the |
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time of an accident for personal, family, or household purposes is |
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not considered a commercial motor vehicle for purposes of this |
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subchapter unless: |
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(1) the motor vehicle had a gross vehicle weight |
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rating or gross vehicle weight of at least 6,000 pounds; and |
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(2) the owner's liability for the accident is governed |
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by 49 U.S.C. Section 30106. |
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SECTION 3. Section 72.053, Civil Practice and Remedies |
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Code, is amended by adding Subsection (d) to read as follows: |
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(d) In a civil action under this subchapter, the duty of |
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care applicable to an owner, lessor, or operator of a commercial |
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motor vehicle involved in an accident or a person renting the |
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vehicle to another person does not include an obligation or duty to |
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retrofit the vehicle with component parts or equipment, or to have |
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selected component parts or equipment to be included on the |
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vehicle, that were not required by applicable federal motor vehicle |
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safety standards at the time the vehicle was manufactured or sold. |
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Evidence related to such an alleged duty is not admissible in any |
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phase of trial. |
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SECTION 4. (a) The change in law made by this Act applies |
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only to an action: |
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(1) commenced on or after the effective date of this |
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Act; or |
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(2) pending on the effective date of this Act and in |
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which the trial, or any new trial or retrial following motion, |
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appeal, or otherwise, begins on or after the effective date of this |
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Act. |
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(b) In an action commenced before the effective date of this |
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Act, a trial, new trial, or retrial that is in progress on the |
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effective date of this Act is governed by the law applicable to the |
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trial, new trial, or retrial immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |