87(R) HB 19 - Enrolled version - Bill Text

	H.B.  No.  19

	AN ACT
	relating to civil liability of a commercial motor vehicle owner or
	operator, including the effect that changes to that liability have
	on commercial automobile insurance.
	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 designating Sections 72.001, 72.002, 72.003, and 72.004
	as Subchapter A and adding a subchapter heading to read as follows:
	SUBCHAPTER A. LIABILITY TO GUEST
	SECTION  3.    Sections 72.002 and 72.003, Civil Practice and
	Remedies Code, are amended to read as follows:
	Sec.  72.002.    LIMITATION NOT APPLICABLE. There is no
	limitation under this subchapter [chapter] on the liability of an
	owner or operator who is not related to the guest within the second
	degree by consanguinity or affinity.
	Sec.  72.003.    EFFECT ON OTHER LIABILITY. (a) This
	subchapter [chapter] does not affect judicially developed or
	developing rules under which a person is or is not totally or
	partially immune from tort liability by virtue of family
	relationship.
	(b)    This subchapter [chapter] does not relieve the owner or
	operator of a motor vehicle being demonstrated to a prospective
	purchaser or relieve a public carrier of responsibility for
	injuries sustained by a passenger being transported.
	SECTION  4.    Chapter 72, Civil Practice and Remedies Code, is
	amended by adding Subchapter B to read as follows:
	SUBCHAPTER B. ACTIONS REGARDING COMMERCIAL MOTOR VEHICLES
	Sec.  72.051.    DEFINITIONS. In this subchapter:
	(1)    "Accident" means an event in which operating a
	commercial motor vehicle causes bodily injury or death.
	(2)    "Civil action" means an action in which:
	(A)    a claimant seeks recovery of damages for
	bodily injury or death caused in an accident; and
	(B)    a defendant:
	(i)    operated a commercial motor vehicle
	involved in the accident; or
	(ii)    owned, leased, or otherwise held or
	exercised legal control over a commercial motor vehicle or operator
	of a commercial 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. The term includes a plaintiff, counterclaimant,
	cross-claimant, third-party plaintiff, and an intervenor. The term
	does not include a passenger in a commercial motor vehicle unless
	the person is an employee of the owner, lessor, lessee, or operator
	of the vehicle.
	(4)    "Commercial motor vehicle" means a motor vehicle
	being used for commercial purposes in interstate or intrastate
	commerce to transport property or passengers, deliver or transport
	goods, or provide services. The term does not include a motor
	vehicle being used at the time of the accident for personal, family,
	or household purposes.
	(5)    "Compensatory damages" has the meaning assigned by
	Section 41.001.
	(6)    "Employee" means a person who works for another
	person for compensation. The term includes a person deemed an
	employee under state or federal law and any other agent or person
	for whom an employer may be liable under respondeat superior.
	(7)    "Exemplary damages" has the meaning assigned by
	Section 41.001.
	(8)    "Motor vehicle" means a self-propelled device in
	which a person or property can be transported on a public highway.
	The term includes a trailer when in use with a self-propelled device
	described by this subdivision. The term does not include a device
	used exclusively upon stationary rails or tracks.
	(9)    "Operated," "operating," and "operation," when
	used with respect to a commercial motor vehicle, means to cause the
	vehicle to move or function in any respect, including driving,
	stopping, or parking the vehicle or otherwise putting the vehicle
	into use or operation. These terms include a commercial motor
	vehicle that has become disabled.
	(10)    "Video" means an electronic representation of a