87R10917 TYPED     By: Leach H.B. No. 19       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.