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Breaking Down Texas HB 19 and Why It’s Bad For Texas

Texas HB 19

Here at Moore Law Firm, we believe that Texans should be given the facts about the bills that could have a negative impact on their lives, which is why we have made it our mission to help Texans understand and obtain answers to their questions about Texas HB 19 and understand why this bill is bad for Texas.

What is Texas HB 19?

Texas House Bill 19 is a bill regarding the civil liability of a commercial motor vehicle owner or operator which adds a subchapter to Chapter 72 of the Texas Civil Practice and Remedies Code.  It was filed in late February 2021 by Texas Representative Jeff Leach (R – Allen, Texas) during Texas’ 87th Legislature’s regular session.

The subchapter that Texas HB 19 would is entitled “ACTIONS REGARDING COMMERCIAL MOTOR VEHICLES” and the current proposed bill contains five separate sections:

Sec. 72.051. DEFINITIONS

  • Defines terms that will be used for the rest of the section.

Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE ACCIDENT ACTIONS

  • Allows trucking company defendants to file a motion for a bifurcated (split) trial.
  • The first phase of the trial would determine liability for and amount of compensatory damages (compensation for things such as medical bills from treatment and surgery) while the second phase would determine liability for and the amount of exemplary damages (an amount awarded to plaintiff used to “punish” the defendant).

Sec. 72.053. FAILURE TO COMPLY WITH REGULATIONS OR STANDARDS

  • Allows evidence to be admitted into the first phase of the trucking company’s failure to comply with a regulation or standard, such as state and federal laws and their own company policies only if the failure to comply with the regulation was a proximate cause of the injury/death, the regulation/standard is specific, and is part of the defendant’s duty of care in relation to the plaintiff.

Sec. 72.054. LIABILITY FOR EMPLOYEE NEGLIGENCE IN OPERATING COMMERCIAL MOTOR VEHICLE

  • A truck company’s liability for their employee will be based only on respondeat superior if they stipulate (admit) that the driver was an employee and acting in the scope of employment.
  • If the truck company stipulates (admits) to respondeat superior liability,

Sec. 72.055. ADMISSIBILITY OF VISUAL DEPICTIONS OF ACCIDENT

  • Eases the admission of photo and video evidence

Texas HB 19 Full Text

Committee Substitute Texas House Bill 19 by Moore Law Firm on Scribd

Texas Trucking Company’s Make Roads Unsafe For Texas

Here are some fast facts about Texas roads:

  • According to TxDOT: From 2009 to 2019, the number of deaths involving big rigs in Texas jumped 105% from 318 to 652.
  • Texas ranks first for most large truck crashes nationwide yearly from 2016 – 2020.
  • In 2019, Texas had more large truck crashes than Arizona, Arkansas, Colorado, Kansas, Louisiana, Mississippi, Nebraska, New Mexico, and Oklahoma combined
  • In 2020, there were 823 fatalities caused by truck wrecks in the state of Texas
  • In 2018, 305 truck drivers involved in fatal crashes tested positive for at least one drug.

Why Is Texas HB 19 Bad For Texas?

If there is one point that you can make from Texas truck accident statistics, it’s that:

TEXAS DRIVERS ARE AT EXTREMELY HIGH RISK OF BEING INJURED OR KILLED BY A COMMERCIAL TRUCK.

Here are all the ways that Texas HB 19 is simply bad for Texas:

  • Protects trucking company’s from being financially liable for hurting or killing their victims.
  • Texas victims would be left to foot the bill for trucking company accidents, causing a disastrous amount of persons to file for bankruptcy.
  • Removes the right to a fair trial in a Texas court for every truck accident victim.
  • Protects untrained truck drivers and trucking company’s who fail to properly train their drivers.
  • Encourages trucking company’s to cut corners even more so, resulting in more accidents on our Texas roads.

Texas doesn’t need another bill that favors large billion-dollar industries. We need smart, sensible bills that protect everyday Texans!

Texas HB 19 is BAD FOR TEXAS.

Call or Email Your Local Texas State Representative and Tell Them To VOTE NO on Texas HB 19

Find your local state representative by using the “Elected Officials Directory” tool by the Texas Tribune. Click here to find your Texas state representative.

Rio Grande Valley State Representatives

Texas House of Representatives

District 31 – Ryan Guillen (D – Rio Grande City, Raymondville)

  • District Phone 1: (956) 716-4838
  • District Phone 2: (956) 689-1860
  • Texas Capitol Office Phone: (512) 463-0416
  • Email: ryan.guillen@house.texas.gov

District 35 – Oscar Longoria (D – Mission)

District 36 – Sergio Munoz (D – Palmview)

District 37 – Alex Dominguez (D – Brownville)

District 38 – Eddie Lucio III (D – Brownsville)

District 39 – Armando Martinez (D – Weslaco)

District 40 – Terry Canales (D – Edinburg)

District 41 – Robert “Bobby” Guerra (D – McAllen)

Texas Senate

District 20 – Juan “Chuy” Hinojosa  (D – McAllen)

District 21 – Judith Zaffirini

District 27 – Eddie Lucio Jr. (D – Brownsville)

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McAllen Car Accident Lawyers
Moore Law Firm
4900 N 10th St
Suite F3
McAllen, TX 78504
956-631-0745

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