The bill amends the Civil Practice and Remedies Code to clarify the civil liability of commercial motor vehicle owners and operators. It introduces new legal language that expands the definition of "regulation or standard" to include policies, procedures, or orders regulating equipment or conduct, specifically those adopted by various governmental entities. Additionally, it stipulates that evidence of a defendant's failure to comply with such regulations is admissible in civil actions only if it meets certain criteria, including proving that the failure was a proximate cause of the injury or death in question.
Furthermore, the bill modifies the conditions under which an employer can be held liable for the actions of an employee operating a commercial motor vehicle. It establishes that an employer's liability for ordinary negligence is based solely on the doctrine of respondeat superior if the employer stipulates that the operator was an employee acting within the scope of employment at the time of the incident. The bill also prohibits claimants from presenting evidence of ordinary negligence against the employer in the first phase of a bifurcated trial, unless it is related to the compliance with regulations as outlined in the amended sections. The changes will take effect on September 1, 2025.
Statutes affected: Introduced: Civil Practice and Remedies Code 72.053, Civil Practice and Remedies Code 72.054 (Civil Practice and Remedies Code 72)