Video & Transcript Research : 'vicarious liability'

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TX

Texas 89th Regular

Transportation (Part II) Apr 9th, 2025

Transportation

Transcript Highlights:
  • The first bill we heard this morning on the civil liability and the tort reform, we're going to leave
Summary: The Senate Transportation Committee reconvened on SB 2722, as substituted by Senator Bettencourt, which would redirect a portion of Harris County Toll Road Authority surplus revenues to the City of Houston and impose audit and tax-rate penalty provisions. Houston Police Chief Noe Diaz and Fire Chief Thomas Munoz testified in support, arguing that Houston bears a large share of toll-road public safety burdens, citing thousands of police and fire responses on toll-road property and the need for compensation for emergency services. Bill King, testifying neutrally, said the toll authority generates large excess revenues and urged stronger oversight and clearer controls on how the money is spent. Opponents, including Harris County officials, business and neighborhood representatives, and toll-road critics, argued the bill would divert transportation dollars, create a precedent for taking toll revenues for general municipal use, and could worsen project delivery and incentives; several also questioned the accuracy and interpretation of the revenue figures and the lack of comparable audit requirements for the city. The committee took extensive testimony but left SB 2722 pending without a vote. The committee then heard SB 2129, which would increase fines for motorists who disregard railroad crossing gates or flaggers, and SB 2323, which would redact railroad crew members’ personal information from public accident reports. Both bills were presented as safety measures, with railroad labor testimony in support, and both were left pending after brief public testimony. The committee also heard SB 2141, a Zaffirini bill concerning specialty license plates for judges, with the substitute aimed at reducing security risks by changing how judges are identified on plates; it too was left pending. Finally, the committee heard SB 2439, another Zaffirini bill, described as a TDLR cleanup measure related to ATV and off-highway vehicle safety certification. The bill would abolish the current training and certification program, which supporters said was burdensome and underused given the small number of approved instructors statewide. With no significant opposition on the record, the committee closed testimony and left SB 2439 pending as well.
TX
Transcript Highlights:
  • in the course and scope of employment at the time of the alleged incident, thereby establishing liability
  • It seems like an alarming scenario in which liability is going to go unconcerned.
  • So the reason once they compensate under respondeat superior, or they own the liability, they have to
  • And if a company turns around and admits liabilities... Depends on the findings in Phase One.
  • The problem, Senator West, is that you have the question of liability.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 16th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • What was changed was the limited liability increase from $50,000 to $250,000.
  • I don't want to face that kind of liability. I understand that.
  • Members, the committee substitute to House Bill 4904 provides limited liability protection.
  • liability.
  • Or parody are exempted from the bill and protected from liability.
TX
Summary: The Senate Committee on State Affairs met to consider several pending measures and adopted committee substitutes on multiple bills before voting them out. Senate Bill 2403, Senate Bill 1888 (jury wheel procedures in certain counties), Senate Bill 2417 (Attorney General actions under the Free Enterprise and Antitrust Act), Senate Bill 2459 (personal identifying information for judiciary employees), and Senate Bill 2943 (discrimination involving occupational licenses) were each reported favorably to the full Senate, with most passing unanimously and SB 2943 passing on a 10-1 vote. The committee also certified SB 1888, SB 2417, and SB 2459 for the local and uncontested calendars, and later did the same for SB 2943. The committee then considered House Joint Resolution 98, the Convention of States resolution, which was reported favorably to the full Senate on an 8-3 vote. House Bill 1393, dealing with daylight saving time and keeping the state on daylight saving time year-round, was also reported favorably, with the committee noting it heard the House bill rather than a Senate companion. House Bill 2884, concerning financial relationship disclosures for defense contractors, was likewise reported favorably, with the final tally announced as 11 ayes and 1 nay. No testimony was taken in the excerpt, and no substantive debate was recorded beyond brief clarifications about the bills and their companions. After completing the votes and calendar motions, the committee recessed.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025 at 10:04 am

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • The doctrine of employer vicarious liability says that an employer is vicariously liable for the negligent
  • The doctrine of employer vicarious liability says that an employer is vicariously liable for the negligent
  • Immunity is different from vicarious liability under second... Three quick points.
  • Immunity is different from vicarious liability under Section 162.
  • their vicarious liability for that incident.
Summary: The committee heard House Bill 4961, which would bar uninsured motorists from recovering non-economic damages after a collision. The author said the bill is intended to create incentives to maintain insurance and to address what he described as an unfair system for insured drivers. Texans for Lawsuit Reform and Texas Eagle Forum testified in support, while the Texas Trial Lawyers Association opposed it, warning the bill could also affect pedestrians, passengers, children, and others who did not choose whether a vehicle was insured. The bill author clarified that passengers would be included in the bill’s coverage. No vote was taken and the bill was left pending. House Bill 5570 would extend a legislative attorney CLE exemption to attorneys appointed by the governor and confirmed by the Senate to boards or commissions. The author said the measure is meant to ease time burdens and encourage service, and a witness supported it as a modest incentive for public service. A committee member noted a discrepancy in the number of affected attorneys, and the author agreed to verify the correct figure. The bill was left pending. The committee also heard House Bill 2969, which would restrict the State Bar from adopting rules or penalties that unreasonably burden attorneys’ religious exercise or free speech based on sincerely held beliefs. The author and several witnesses from Texas Values, Alliance Defending Freedom, and Cecilia Wood argued the bill protects lawyers of faith from an ABA model rule they described as a speech code. No one testified against the bill, and it was left pending. House Bill 4260, which would prohibit county judges and county commissioners from practicing law in courts over which they have jurisdiction, drew opposition from the County Judges and Commissioners Association, which argued existing ethics rules already address conflicts and that the bill would burden rural officials. The author said the bill was prompted by concerns about judges using their office to pressure others. The bill was left pending. House Bill 5134 would limit Rule 202 pre-suit depositions to people who have suffered or reasonably expect actual damages and would allow attorney’s fees against abusive petitioners. The author said the bill is aimed at preventing harassment and fishing expeditions, especially in family-law disputes. Questions focused on how the standard would work and how it differs from current law; the author said the main change is fee-shifting and a clearer legislative directive. The bill was left pending. House Bill 3095, a committee substitute version of a similar uninsured-motorist bill, would bar uninsured motorists from recovering non-economic damages and limit economic recovery, with several exceptions. Trial lawyers argued it was unconstitutional because it capped economic damages and could unfairly affect innocent drivers, pedestrians, and older people who no longer drive. The author acknowledged constitutional concerns and said the bill would need further work; the committee withdrew the substitute and left the bill pending. Finally, House Bill 4388 would require all judges, including county judges who perform administrative duties, to remain subject to the Code of Judicial Conduct. Supporters said some elected judges avoid accountability by relinquishing judicial functions, while opponents argued the bill is too rigid and unnecessary because existing remedies already exist. House Bill 3964 would limit public nuisance claims to their historical role and bar such claims against lawful conduct, conduct already covered by other remedies, and products. The author and supporters said the bill is meant to prevent courts from using public nuisance to make policy, while opponents argued it would eliminate useful remedies and could affect local actions against environmental or product-related harms. The author said the bill would not affect statutory nuisance claims, private nuisance claims, or other causes of action, and would be amended to clarify some provisions. The bill was left pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025 at 10:04 am

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • As the chairman pointed out, there have been courts that have held that there is vicarious liability
  • The doctrine of employer vicarious liability says that an employer is vicariously liable for the negligent
  • Immunity is different from vicarious liability under Section 162.
  • That is classic vicarious liability, and my reading of this bill would mean you could not sue,” “...liability
  • , and my reading of this bill would mean you could not sue DHS for their vicarious liability for that
Summary: The committee heard testimony on several bills affecting civil practice, judicial conduct, and attorney regulation. HB 4961 and the similar HB 3095 would bar uninsured motorists from recovering non-economic damages after a collision, with HB 3095 also addressing certain exceptions and limiting economic damages in some cases. Supporters said the measures would encourage insurance coverage and fairness for insured drivers, while opponents argued they would unfairly punish injured people who were not responsible for the lack of insurance, including pedestrians, passengers, children, and others. HB 3095 drew constitutional concerns from witnesses, and the committee later withdrew the committee substitute and left the bill pending; HB 4961 was also left pending after questions about its scope, including passengers. HB 5570 would expand a continuing legal education exemption to attorneys appointed by the governor and confirmed by the Senate who serve on boards or commissions. The author and witness said the bill would free up time for public service while still requiring ethics training. A committee member raised a discrepancy in the number of attorneys covered, and the bill was left pending. HB 2969 would prohibit the State Bar from adopting rules or penalties that unreasonably burden attorneys’ religious exercise or free speech, especially in relation to sincerely held religious beliefs. Supporters framed it as a protection for lawyers of faith against an ABA-style speech code, while no one testified in opposition; the bill was left pending. HB 4260 would prohibit county judges and county commissioners from practicing law in courts over which they have jurisdiction. The author described it as an ethics measure to avoid conflicts of interest, but county officials and the County Judges and Commissioners Association opposed it, saying existing ethics rules already address conflicts and that the bill would impose hardships, especially in rural counties. The bill was left pending. HB 4388 would require all judges, including those who serve only in administrative roles, to remain subject to the Code of Judicial Conduct; supporters said some judges avoid discipline by relinquishing judicial functions, while opponents said the bill was unnecessary and could burden county judges who serve as administrators. It was also left pending. The committee also heard HB 5134, which would limit Rule 202 pre-suit depositions to people who have suffered or reasonably expect to suffer actual damages and allow attorney’s fees against abusive petitioners. The author said the bill would curb harassment and fishing expeditions, but members questioned how the standard would work in practice; the bill was left pending. Finally, HB 3964 would narrow common-law public nuisance claims by barring suits over lawful conduct, conduct already addressed by other remedies, and products, while preserving other causes of action. Supporters said the bill would prevent regulation through litigation and protect legislative authority; opponents said it would eliminate important remedies and that no Texas abuse had been shown. The author indicated he would revise the bill, and it was left pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Apr 23rd, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • It does not create liability but does allow parties to seek attorney's fees and costs in some instances
  • This bill does not eliminate liability, but it does address the inherent risks that riders and racers
  • Currently, we hold general liability insurance that covers our race events.
  • I represent a ranch up in the Panhandle, addressing the apportionment of risk and liability.
  • A lot of the considerations we took into account in that negotiation were about risk and liability.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Mar 19th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • PSHB 170 provides that a person is presumed to be justified and immune from civil liability. of a grand
  • already being cleared in criminal proceedings. ensures that individuals who are found immune from liability
  • was drafted in accordance with their previously adopted bill. from the ADA legislature regarding liability
  • As substituted, this provides common sense liability protections for cavern operators is exactly the
  • This is relating to civil liability for removing certain individuals or animals from a motor vehicle.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence Mar 19th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • For hearing House Bill 865, this is a bill that limits civil liability which I'm sure is not something
  • One reason we don't do it here in Texas is because... because of potential liability.
  • It shields an FFL from liability when they return a firearm to its owner as part of a firearm.
  • What is being proposed, I will ask up to the last minute. increasing liability shields, but this is one
  • They want to, but because of the gray area of liability right now, they can't. take that additional step
TX

Texas 89th Regular

Finance Apr 23rd, 2025

Finance

Transcript Highlights:
  • future COLAs; third, establishing an actuarially determined funding model that pays off the legacy liability
  • The actuarially determined funding model pays off the legacy liability of $327 million, along with an
Bills: HB135
Summary: The Senate Finance Committee heard Senate Bill 2345, as a committee substitute, which would reform the Austin Firefighter Retirement Fund. Senator Schwertner explained that the bill is based on an agreed voluntary funding soundness restoration plan between the City of Austin and the fund, and would create a new reduced benefit tier for firefighters hired on or after January 1, 2026, adjust COLAs for current retirees, establish an actuarially determined funding model to address legacy liabilities and 2024 asset losses over 30 years, and add new board seats. Mayor Kirk Watson, city finance staff, the fund executive director, trustees, and retired firefighters all testified in support, describing the measure as an agreed-to, fiscally responsible compromise that protects benefits, supports recruitment, and reduces risk to taxpayers. The committee adopted the committee substitute, but left SB 2345 pending. The committee also heard House Bill 135, which clarifies tax treatment for exotic game or exotic livestock operations by defining them within agricultural exemptions and stating that sales of exotic livestock are not subject to sales and use taxes. Senator Flores described it as a clarification to provide consistency and fairness, and a witness for the Exotic Wildlife Association said it would resolve a Comptroller-related tax issue and benefit ranchers, landowners, and hunters. The committee closed public testimony and reported HB 135 favorably to the full Senate, with a motion to place it on the local and uncontested calendar. Senate Bill 771, by Senator Hinojosa, was also heard and later reported favorably. The bill would allow diesel fuel used in auxiliary power units or power takeoff units to qualify for the same fuel tax credit or refund already available for gasoline, correcting an inadvertent exclusion from the 2003 motor fuel tax rewrite. A witness supported the bill as a matter of tax equity. The committee then considered House Bill 1109, the House companion to SB 935, which exempts counties from certain motor fuel taxes on fuel used in county vehicles; Senator Hall explained it as simply exempting government agencies from paying the tax on their own vehicles. HB 1109 was reported favorably to the full Senate. The committee adjourned after completing its business.
TX
Transcript Highlights:
  • However, due to these companies' concerns about potential liability, especially if the incident occurs
  • on the books to protect someone who stops to read. to someone who needs medical help from legal liability
  • Lastly, the substitute ensures that the liability protection extends to those responding to the emergency
  • Members, the committee substitute extends the liability protection to aggregate production operations
  • That's why we put some of the liability protection ends for the KILNs and the APOs so that they have
TX

Texas 89th Regular

Natural Resources (Part II) Mar 26th, 2025

Natural Resources

Summary: The Senate Committee on Natural Resources took public testimony on Senate Bill 1757 and its committee substitute, a measure dealing with aggregate production operations and a new permitting option for rock crushers/aggregate facilities. Testimony centered on whether the bill should remain focused on air permitting or also include broader quarry operations such as stormwater, reclamation, monitoring, and public participation requirements. Supporters of the substitute, including representatives of the Texas Aggregate and Concrete Association and Associated General Contractors, said the bill would provide a voluntary third permitting option, preserve existing authorizations, and create a more practical regulatory path for Texas growth. Opponents and critics, including representatives of Texas for Responsible Aggregate Mining, Job Materials, and Public Citizen, argued the bill as written was too weak or too broad in the wrong ways. They said best management practices should be set in statute or through negotiated rulemaking rather than left to TCEQ rulemaking, and they raised concerns about limited monitoring periods, vague air-monitoring standards, public notice procedures, and the inclusion of non-air requirements in an air permit. Several witnesses said the bill should better balance industry needs with neighborhood impacts and public health protections. Chair Birdwell questioned witnesses about ongoing negotiations between industry groups and said the bill was intended to be a practical compromise. After testimony and questions, public testimony was closed. The committee left SB 1757 and its committee substitute pending, with no vote taken.
TX

Texas 89th Regular

Natural Resources (Part II) Mar 12th, 2025

Natural Resources

Transcript Highlights:
  • When a well is orphaned, the state assumes the liability of the well in perpetuity.
  • 1146 will allow operators to assist in plugging or replugging orphaned wells without assuming the liability
  • plug a problematic orphan well with allocated public funds or adopt the well and the associated liability
  • well plugger approved by the railroad commission to plug or replug a well without taking on the liability
  • If you could remove that from the surface owner's liability, it might encourage that.