Bill Text: TX HB2788 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to civil actions or arbitrations involving transportation network companies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB2788 Detail]
Download: Texas-2021-HB2788-Comm_Sub.html
87R19204 JES-F | |||
By: Leach | H.B. No. 2788 | ||
Substitute the following for H.B. No. 2788: | |||
By: Middleton | C.S.H.B. No. 2788 |
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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, "digital | ||
network," "personal vehicle," and "transportation network company" | ||
have the meanings assigned by Section 2402.001, Occupations Code. | ||
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 personal 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 affiliation or interaction with a driver | ||
logged on to a transportation network company's digital network. | ||
Sec. 150E.003. REQUIRED AFFIDAVIT. (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 | ||
an affidavit by the claimant's counsel attesting that the damages | ||
suffered by the claimant exceed the applicable insurance coverage | ||
limit required under Chapter 1954, Insurance Code. | ||
(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 | ||
affidavit could not be prepared. A claimant shall supplement the | ||
pleadings with the affidavit 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 the affidavit required by | ||
Subsection (a) is 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 AFFIDAVIT. | ||
(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 an affidavit 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. | ||
SECTION 2. Subchapter A, Chapter 2402, Occupations Code, is | ||
amended by adding Section 2402.005 to read as follows: | ||
Sec. 2402.005. AFFIDAVIT REQUIRED AND LIMITATION OF | ||
LIABILITY FOR CERTAIN CIVIL CLAIMS. Chapter 150E, Civil Practice | ||
and Remedies Code, applies to any civil action or arbitration | ||
proceeding described by Section 150E.002, Civil Practice and | ||
Remedies Code, against a transportation network company. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2021. |