S.B. No. 39 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 their 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 their 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 Section 72.053(b).

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 repair, without needing to establish the employee's negligence first. Furthermore, claimants can seek exemplary damages related to the employer's conduct in the second phase of a bifurcated trial. Sections 72.054(c), (d), and (e) are repealed, and the changes will apply to actions commenced on or after the effective date of the Act, which is set for September 1, 2025.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)
Senate Committee Report: Civil Practice and Remedies Code 72.054 (Civil Practice and Remedies Code 72)
Engrossed: Civil Practice and Remedies Code 72.054 (Civil Practice and Remedies Code 72)