H.B. No. 4688 amends the Civil Practice and Remedies Code to clarify the civil liability of commercial motor vehicle owners or operators. The bill stipulates that an employer's liability for damages resulting from the ordinary negligence of an employee operating a commercial vehicle will be based solely on the principle of respondeat superior, provided the employer stipulates that the employee was acting within the scope of employment at the time of the incident. Additionally, if the employer makes this stipulation and the trial is bifurcated, the claimant is restricted from presenting evidence of ordinary negligence claims against the employer in the first phase of the trial, unless it pertains to independent acts of negligence such as negligent maintenance or loading.

The bill also repeals certain sections of the Civil Practice and Remedies Code that previously governed these liability issues. It allows claimants to pursue ordinary negligence claims that do not require a finding of employee negligence as a prerequisite for the employer's liability. Furthermore, claimants can seek exemplary damages related to the employer's conduct in the second phase of a bifurcated trial. The changes will apply to actions commenced on or after the effective date of the Act, or to pending actions where the trial begins after that date, with the law prior to the Act remaining in effect for ongoing trials. The Act is set to 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)
House Committee Report: Civil Practice and Remedies Code 72.054 (Civil Practice and Remedies Code 72)