HB 39 – Modifying Liability for Commercial Motor Vehicle Operators
What HB 39 Proposed
HB 39 aimed to amend the Texas Civil Practice and Remedies Code to restrict the liability of employers in CMV-related incidents. Specifically, the bill proposed that if an employer acknowledged that their employee was acting within the scope of employment during an incident, the employer's liability for damages caused by the employee's ordinary negligence would be limited to the doctrine of respondeat superior. This legal principle holds employers responsible for the actions of their employees performed within the course of their employment.
Additionally, HB 39 sought to limit the admissibility of evidence regarding an employer's failure to comply with regulations or standards in the initial phase of a bifurcated trial. Such evidence would only be admissible if it directly related to the proximate cause of the injury or death and pertained to a specific duty of care applicable to the defendant or their employee.
Legislative Outcome
Despite being a priority for certain business and industry groups, HB 39 did not progress through the legislative process. The bill was referred to the House Judiciary & Civil Jurisprudence Committee but failed to receive a favorable vote, effectively halting its advancement. This outcome was part of a broader trend during the session, where several tort reform measures faced significant resistance and ultimately did not pass. fastdemocracy.com+1legiscan.com+1
Implications for Stakeholders
For Employers and Insurers:
The failure of HB 39 means that employers in Texas remain subject to existing liability standards in CMV-related incidents. They can still be held directly liable for negligent hiring, training, supervision, and retention practices.
For Plaintiffs and Attorneys:
Plaintiffs retain the ability to pursue comprehensive claims against employers, including those related to direct negligence. This allows for a broader scope of discovery and the potential for higher compensation in cases involving CMVs.
For the Legal Community:
The bill's failure underscores the ongoing debate in Texas regarding tort reform and the balance between protecting businesses and ensuring justice for plaintiffs. Legal professionals should continue to monitor legislative developments in this area, as similar proposals may arise in future sessions.
Looking Ahead
While HB 39 did not pass, the issues it addressed remain pertinent in Texas's legal and political landscape. Stakeholders should stay informed about potential future legislation that may seek to revisit these topics. Engaging with policymakers, participating in public discourse, and staying abreast of legislative developments will be crucial for all parties affected by CMV liability laws in Texas.
