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 is 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 evidence allowed by a specific section.

The bill also introduces new provisions allowing claimants to pursue ordinary negligence claims against the employer for independent acts of negligence, such as negligent maintenance or loading, without needing to establish the employee's negligence first. Furthermore, it allows for claims for exemplary damages related to the employer's conduct in the second phase of a bifurcated trial. Sections of the existing law are repealed to streamline these processes, and the changes will take effect on September 1, 2025, applying to actions commenced on or after that date or pending actions where the trial begins after the effective date.

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)