87(R) SB 17 - Introduced version - Bill Text

	87R10917 TYPED
	By:  Taylor, et al.	S.B.  No.  17

	A BILL TO BE ENTITLED
	AN ACT
	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. [LIABILITY OF] MOTOR VEHICLE [OWNER OR OPERATOR TO
	GUEST]
	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