Bill Text: TX SB17 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to procedure, evidence, and remedies in civil actions.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2021-03-11 - Referred to Transportation [SB17 Detail]
Download: Texas-2021-SB17-Introduced.html
87R10917 TYPED | ||
By: Taylor, et al. | S.B. No. 17 |
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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. [ |
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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. |