88R4269 MZM-F     By: Nichols S.B. No. 901       A BILL TO BE ENTITLED   AN ACT   relating to civil actions or arbitrations involving transportation   network companies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 6, Civil Practice and Remedies Code, is   amended by adding Chapter 150E to read as follows:   CHAPTER 150E. CIVIL ACTIONS OR ARBITRATIONS INVOLVING   TRANSPORTATION NETWORK COMPANIES          Sec. 150E.001.  DEFINITIONS. In this chapter:                (1)  "Digital network" and "transportation network   company" have the meanings assigned by Section 2402.001,   Occupations Code.                (2)  "Network vehicle" means a land motor vehicle that:                      (A)  is available on a digital network;                      (B)  is of the following type:                            (i)  black car or other for hire; or                            (ii)  private passenger, pickup truck, or   cargo van;                      (C)  is designed to operate primarily on a public   road;                      (D)  has at least four wheels; and                      (E)  has seating for not more than eight   passengers, including the driver.          Sec. 150E.002.  APPLICABILITY OF CHAPTER. This chapter   applies only to an action or arbitration proceeding in which:                (1)  a transportation network company is a defendant;                (2)  the claimant seeks recovery of damages for loss of   property, bodily injury, or death;                (3)  the claim for which the action or proceeding is   brought arises out of the ownership, use, operation, or possession   of a network vehicle while the vehicle's driver or passenger was   logged on to a transportation network company's digital network;   and                (4)  the theory of recovery for which damages are   sought against the transportation network company is based on:                      (A)  the ownership, operation, design,   manufacture, or maintenance of a digital network accessed by a   driver or passenger; or                      (B)  the relationship, affiliation, or   interaction with a driver logged on to a transportation network   company's digital network.          Sec. 150E.003.  REQUIRED AFFIDAVITS. (a)  Except as   provided by Subsection (b), at the time a claimant initially names a   transportation network company as a party in an action or   proceeding to which this chapter applies, a claimant shall, as   applicable, file with the petition or provide to the arbitration   tribunal and each other party at the initiation of the arbitration:                (1)  an affidavit by the claimant's counsel that sets   forth specifically for each theory of recovery for which damages   are sought:                      (A)  the negligence, if any, or other action,   error, or omission of the company; and                      (B)  the factual basis for each claim; and                (2)  an affidavit attesting that the damages suffered   by the claimant exceed the applicable insurance coverage limit   required under Chapter 1954, Insurance Code, that is signed by a   third-party expert who:                      (A)  is competent to testify; and                      (B)  offers testimony based on the expert's:                            (i)  knowledge;                            (ii)  skill;                            (iii)  experience;                            (iv)  education;                            (v)  training; and                            (vi)  practice.          (b)  The contemporaneous filing requirement of Subsection   (a) does not apply to any action or arbitration proceeding in which   the limitations period expires within 10 days of the date of filing   of the petition or initiation of arbitration and, because of the   time constraints, a claimant has alleged that the required   affidavits could not be prepared.  A claimant shall supplement the   pleadings with the affidavits not later than the 30th day after the   date the petition is filed or the arbitration is initiated.  The   trial court or arbitration tribunal may, on a motion by a party,   after hearing and for good cause, extend the deadline for   supplementing the pleadings as the court or tribunal determines   justice requires.          (c)  A defendant in the action or arbitration proceeding is   not required to file an answer to the petition or arbitration   request until the 30th day after the date all affidavits required by   Subsection (a) are filed.          (d)  This section may not be construed to extend any   applicable period of limitation or repose.          Sec. 150E.004.  DISMISSAL FOR FAILURE TO PROVIDE AFFIDAVITS.   (a)  A court or arbitration tribunal shall dismiss with prejudice a   complaint against a transportation network company with respect to   which the claimant failed to file the affidavits in accordance with   Section 150E.003.          (b)  An order granting or denying a motion for dismissal   under this chapter is, as applicable:                (1)  immediately appealable as an interlocutory order;   or                (2)  grounds to file an application to a court under   Subchapter D, Chapter 171, for the court to review the order.          Sec. 150E.005.  LIMITATION OF LIABILITY. A transportation   network company may not be held vicariously liable for damages in an   action or arbitration proceeding to which this chapter applies if   the company:                (1)  did not commit a crime under the laws of this state   or federal law; and                (2)  has fulfilled all of the company's obligations   with respect to the transportation network company driver under   Chapter 2402, Occupations Code, relating to the subject claim.          SECTION 2.  The changes in law made by this Act apply only to   a cause of action that accrues on or after the effective date of   this Act.          SECTION 3.  This Act takes effect September 1, 2023.