By: Leach, et al. (Senate Sponsor - Taylor) H.B. No. 19          (In the Senate - Received from the House May 3, 2021;   May 6, 2021, read first time and referred to Committee on   Transportation; May 13, 2021, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   May 13, 2021, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 19 By:  Seliger     A BILL TO BE ENTITLED   AN ACT     relating to civil liability of a commercial motor vehicle owner or   operator, including the effect that changes to that liability have   on commercial automobile insurance.          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 designating Sections 72.001, 72.002, 72.003, and 72.004   as Subchapter A and adding a subchapter heading to read as follows:   SUBCHAPTER A. LIABILITY TO GUEST          SECTION 3.  Sections 72.002 and 72.003, Civil Practice and   Remedies Code, are amended to read as follows:          Sec. 72.002.  LIMITATION NOT APPLICABLE. There is no   limitation under this subchapter [chapter] on the liability of an   owner or operator who is not related to the guest within the second   degree by consanguinity or affinity.          Sec. 72.003.  EFFECT ON OTHER LIABILITY. (a) This   subchapter [chapter] does not affect judicially developed or   developing rules under which a person is or is not totally or   partially immune from tort liability by virtue of family   relationship.          (b)  This subchapter [chapter] does not relieve the owner or   operator of a motor vehicle being demonstrated to a prospective   purchaser or relieve a public carrier of responsibility for   injuries sustained by a passenger being transported.          SECTION 4.  Chapter 72, Civil Practice and Remedies Code, is   amended by adding Subchapter B to read as follows:   SUBCHAPTER B. ACTIONS REGARDING COMMERCIAL MOTOR VEHICLES          Sec. 72.051.  DEFINITIONS. In this subchapter:                (1)  "Accident" means an event in which operating a   commercial motor vehicle causes bodily injury or death.                (2)  "Civil action" means an action in which:                      (A)  a claimant seeks recovery of damages for   bodily injury or death caused in an accident; and                      (B)  a defendant:                            (i)  operated a commercial motor vehicle   involved in the accident; or                            (ii)  owned, leased, or otherwise held or   exercised legal control over a commercial motor vehicle or operator   of a commercial 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. The term includes a plaintiff, counterclaimant,   cross-claimant, third-party plaintiff, and an intervenor. The term   does not include a passenger in a commercial motor vehicle unless   the person is an employee of the owner, lessor, lessee, or operator   of the vehicle.                (4)  "Commercial motor vehicle" means a motor vehicle   being used for commercial purposes in interstate or intrastate   commerce to transport property or passengers, deliver or transport   goods, or provide services. The term does not include a motor   vehicle being used at the time of the accident for personal, family,   or household purposes.                (5)  "Compensatory damages" has the meaning assigned by   Section 41.001.                (6)  "Employee" means a person who works for another   person for compensation. The term includes a person deemed an   employee under state or federal law and any other agent or person   for whom an employer may be liable under respondeat superior.                (7)  "Exemplary damages" has the meaning assigned by   Section 41.001.                (8)  "Motor vehicle" means a self-propelled device in   which a person or property can be transported on a public highway.   The term includes a trailer when in use with a self-propelled device   described by this subdivision. The term does not include a device   used exclusively upon stationary rails or tracks.                (9)  "Operated," "operating," and "operation," when   used with respect to a commercial motor vehicle, means to cause the   vehicle to move or function in any respect, including driving,   stopping, or parking the vehicle or otherwise putting the vehicle   into use or operation. These terms include a commercial motor   vehicle that has become disabled.                (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. 72.052.  BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR   VEHICLE ACCIDENT ACTIONS. (a) In a civil action under this   subchapter, 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 on or before   the later of:                (1)  the 120th day after the date the defendant   bringing the motion files the defendant's original answer; or                (2)  the 30th day after the date a claimant files a   pleading adding a claim or cause of action against the defendant   bringing the motion.          (c)  The trier of fact shall determine liability for and the   amount of compensatory damages in the first phase of a bifurcated   trial under this section.          (d)  The trier of fact shall determine liability for and the   amount of exemplary damages in the second phase of a bifurcated   trial under this section.          (e)  For purposes of this section, a finding by the trier of   fact in the first phase of a bifurcated trial that an employee   defendant was negligent in operating an employer defendant's   commercial motor vehicle may serve as a basis for the claimant to   proceed in the second phase of the trial on a claim against the   employer defendant, such as negligent entrustment, that requires a   finding by the trier of fact that the employee was negligent in   operating the vehicle as a prerequisite to the employer defendant   being found negligent in relation to the employee defendant's   operation of the vehicle. This subsection does not apply to a   claimant who has pursued a claim described by this subsection in the   first phase of a trial that is bifurcated under this section.          Sec. 72.053.  FAILURE TO COMPLY WITH REGULATIONS OR   STANDARDS. (a) In this section, "regulation or standard" includes   a statute, regulation, rule, or order regulating equipment or   conduct adopted or promulgated by the federal government, a state   government, a local government, or a governmental agency or   authority.          (b)  In a civil action under this subchapter, evidence of a   defendant's failure to comply with a regulation or standard is   admissible in the first phase of a trial bifurcated under Section   72.052 only if, in addition to complying with other requirements of   law:                (1)  the evidence tends to prove 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; and                (2)  the regulation or standard is specific and   governs, or is an element of a duty of care applicable to, the   defendant, the defendant's employee, or the defendant's property or   equipment when any of those is at issue in the action.          (c)  Nothing in this section prevents a claimant from   pursuing a claim for exemplary damages under Chapter 41 relating to   the defendant's failure to comply with other applicable regulations   or standards, or from presenting evidence on that claim in the   second phase of a bifurcated trial.          Sec. 72.054.  LIABILITY FOR EMPLOYEE NEGLIGENCE IN OPERATING   COMMERCIAL MOTOR VEHICLE. (a) In a civil action under this   subchapter, an employer defendant's liability for damages caused by   the ordinary negligence of a person operating the defendant's   commercial motor vehicle shall be based only on respondeat superior   if the defendant stipulates, within the time provided by Section   72.052 for filing a motion to bifurcate, that, at the time of the   accident, the person operating the vehicle was:                (1)  the defendant's employee; and                (2)  acting within the scope of employment.          (b)  If an employer defendant stipulates in accordance with   Subsection (a) and the trial is bifurcated under Section 72.052, a   claimant may not, in the first phase of the trial, present evidence   on an ordinary negligence claim against the employer defendant,   such as negligent entrustment, that requires a finding by the trier   of fact that the employer defendant's employee was negligent in   operating a vehicle as a prerequisite to the employer defendant   being found negligent in relation to the employee defendant's   operation of the vehicle. This subsection does not prevent a   claimant from presenting evidence allowed by Subsection (c) or   Section 72.053(b).          (c)  In a civil action under this subchapter in which an   employer defendant is regulated by the Motor Carrier Safety   Improvement Act of 1999 (Pub. L. No. 106-159) or Chapter 644,   Transportation Code, a party may present any of the following   evidence in the first phase of a trial that is bifurcated under   Section 72.052 if applicable to a defendant in the action:                (1)  whether the employee who was operating the   employer defendant's commercial motor vehicle at the time of the   accident that is the subject of the civil action:                      (A)  was licensed to drive the vehicle at the time   of the accident;                      (B)  was disqualified from driving the vehicle   under 49 C.F.R. Section 383.51, 383.52, or 391.15 at the time of the   accident;                      (C)  was subject to an out-of-service order, as   defined by 49 C.F.R. Section 390.5, at the time of the accident;                      (D)  was driving the vehicle in violation of a   license restriction imposed under 49 C.F.R. Section 383.95 or   Section 522.043, Transportation Code, at the time of the accident;                      (E)  had received a certificate of driver's road   test from the employer defendant as required by 49 C.F.R. Section   391.31 or had an equivalent certificate or license as provided by 49   C.F.R. Section 391.33;                      (F)  had been medically certified as physically   qualified to operate the vehicle under 49 C.F.R. Section 391.41;                      (G)  was operating the vehicle when prohibited   from doing so under 49 C.F.R. Section 382.201, 382.205, 382.207,   382.215, 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable,   on the day of the accident;                      (H)  was texting or using a handheld mobile   telephone while driving the vehicle in violation of 49 C.F.R.   Section 392.80 or 392.82 at the time of the accident;                      (I)  provided the employer defendant with an   application for employment as required by 49 C.F.R. Section   391.21(a) if the accident occurred on or before the 180th day after   the date the employee began employment with the employer defendant;   and                      (J)  refused to submit to a controlled substance   test as required by 49 C.F.R. Section 382.303, 382.305, 382.307,   382.309, or 382.311 during the 90 days preceding the date of the   accident; and                (2)  whether the employer defendant:                      (A)  allowed the employee to operate the   employer's commercial motor vehicle on the day of the accident in   violation of 49 C.F.R. Section 382.201, 382.205, 382.207, 382.215,   382.701(d), 395.3, or 395.5 or 37 T.A.C. Section 4.12, as   applicable;                      (B)  had complied with 49 C.F.R. Section 382.301   in regard to controlled-substance testing of the employee driver   if:                            (i)  the employee driver was impaired   because of the use of a controlled substance at the time of the   accident; and                            (ii)  the accident occurred on or before the   180th day after the date the employee driver began employment with   the employer defendant;                      (C)  had made the investigations and inquiries as   provided by 49 C.F.R. Section 391.23(a) in regard to the employee   driver if the accident occurred on or before the 180th day after the   date the employee driver began employment with the employer   defendant; and                      (D)  was subject to an out-of-service order, as   defined by 49 C.F.R. Section 390.5, at the time of the accident.          (d)  If a civil action is bifurcated under Section 72.052,   evidence admissible under Subsection (c) is:                (1)  admissible in the first phase of the trial only to   prove ordinary negligent entrustment by the employer defendant to   the employee who was driving the employer defendant's commercial   motor vehicle at the time of the accident that is the subject of the   action; and                (2)  the only evidence that may be presented by the   claimant in the first phase of the trial on the negligent   entrustment claim.          (e)  The provisions of Subsection (c) may not be construed to   create a new rule or regulation or subject a person to a rule or   regulation not applicable to the person without regard to this   section.          (f)  Nothing in this section prevents a claimant from   pursuing:                (1)  an ordinary negligence claim against an employer   defendant for a claim, such as negligent maintenance, that does not   require a finding of negligence by an employee as a prerequisite to   an employer defendant being found negligent for its conduct or   omission, or from presenting evidence on that claim in the first   phase of a bifurcated trial; or                (2)  a claim for exemplary damages under Chapter 41 for   an employer defendant's conduct or omissions in relation to the   accident that is the subject of the action, or from presenting   evidence on that claim in the second phase of a bifurcated trial.          Sec. 72.055.  ADMISSIBILITY OF VISUAL DEPICTIONS OF   ACCIDENT. (a) In a civil action under this subchapter, a court may   not require expert testimony for admission into evidence of a   photograph or video of a vehicle or object involved in an accident   that is the subject of the action except as necessary to   authenticate the photograph or video.          (b)  If properly authenticated under the Texas Rules of   Evidence, a photograph or video of a vehicle or object involved in   an accident that is the subject of a civil action under this   subchapter is presumed admissible, even if the photograph or video   tends to support or refute an assertion regarding the severity of   damages or injury to an object or person involved in the accident.          SECTION 5.  Subchapter A, Chapter 38, Insurance Code, is   amended by adding Section 38.005 to read as follows:          Sec. 38.005.  COMMERCIAL AUTOMOBILE INSURANCE REPORT. (a)   The department shall conduct a study each biennium on the effect,   for each year of the biennium, on premiums, deductibles, coverage,   and availability of coverage for commercial automobile insurance of   H.B. 19, 87th Legislature, Regular Session, 2021.          (b)  Not later than December 1 of each even-numbered year,   the department shall submit a written report of the results of the   study conducted under Subsection (a) for the preceding biennium to   the legislature.          (c)  This section expires December 31, 2026.          SECTION 6.  The changes in law made by this Act apply only to   an action commenced on or after the effective date of this Act. An   action commenced before the effective date of this Act is governed   by the law applicable to the action immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 7.  This Act takes effect September 1, 2021.     * * * * *