| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Neutral | Neutral | Positive |
Relating to civil actions or arbitrations involving transportation network companies.
No significant fiscal implication to the State is anticipated.
HB 2788 would establish standards for civil actions in which a transportation network company is being sued for loss of property, bodily injury, or death arising from the actions of a driver. The plaintiff would have to file an affidavit with their original complaint confirming that the damages suffered exceed the $1 million insurance coverage limit. The defendant company would have 30 days to file an answer to the petition. If the plaintiff fails to file the required affidavit, the court would have to dismiss their complaint. If enacted, an order granting or denying dismissal would be immediately appealable.
HB 2788 would also prohibit vicarious liability for a transportation network company if the company did not commit a crime and has fulfilled all of their obligations to the driver under the state law.
Texas Action supports HB 2788 because it would advance individual liberty. Frivolous or unnecessary litigation increases the cost of doing business and clogs up courts, thus slowing down legitimate claims from being adjudicated. HB 2788 would increase the efficiency of suits against transportation network companies by requiring plaintiffs to immediately prove whether or not their suit is eligible for being heard by the court.