Bill Text: TX SB901 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to civil actions or arbitrations involving transportation network companies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to State Affairs [SB901 Detail]

Download: Texas-2023-SB901-Introduced.html
  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.
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