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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability of a commercial motor vehicle owner or |
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operator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 72.054(a), (b), and (f), Civil Practice |
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and Remedies Code, are amended to read as follows: |
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(a) In [Except as provided by Subsection (d), in] a civil |
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action under this subchapter, an employer defendant's liability for |
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damages caused by the ordinary negligence of a person operating the |
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defendant's commercial motor vehicle shall be based only on |
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respondeat superior if the defendant stipulates, within the time |
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provided by Section 72.052 for filing a motion to bifurcate, that, |
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at the time of the collision, the person operating the vehicle was: |
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(1) the defendant's employee; and |
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(2) acting within the scope of employment. |
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(b) If [Except as provided by Subsection (c), if] an |
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employer defendant stipulates in accordance with Subsection (a) and |
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the trial is bifurcated under Section 72.052, a claimant may not, in |
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the first phase of the trial, present evidence on an ordinary |
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negligence claim against the employer defendant, such as negligent |
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entrustment, that requires a finding by the trier of fact that the |
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employer defendant's employee was negligent in operating a vehicle |
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as a prerequisite to the employer defendant being found negligent |
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in relation to the employee defendant's operation of the vehicle. |
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This subsection does not prevent a claimant from presenting |
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evidence allowed by Section 72.053(b). |
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(f) Nothing in this section prevents a claimant from |
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pursuing: |
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(1) an ordinary negligence claim against a [an |
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employer] defendant [for a claim], such as negligent maintenance, |
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negligent repair, negligent loading, or another similar claim, that |
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is based on the defendant's independent act of negligence that does |
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not require a finding of negligence by the [an] employee who was |
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operating the defendant's commercial motor vehicle as a |
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prerequisite to the [an employer] defendant being found negligent |
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for its conduct or omission, or from presenting evidence on that |
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claim in the first phase of a bifurcated trial; or |
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(2) a claim for exemplary damages under Chapter 41 for |
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an employer defendant's conduct or omissions in relation to the |
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collision that is the subject of the action, or from presenting |
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evidence on that claim in the second phase of a bifurcated trial. |
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SECTION 2. Sections 72.054(c), (d), and (e), Civil Practice |
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and Remedies Code, are repealed. |
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SECTION 3. (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 4. This Act takes effect September 1, 2025. |