House Committee on Judiciary & Civil Jurisprudence Hb 19
Total Page：16
File Type：pdf, Size：1020Kb
PUBLIC COMMENTS HB 19 HOUSE COMMITTEE ON JUDICIARY & CIVIL JURISPRUDENCE Hearing Date: March 9, 2021 10:00 AM Michael Gerke SELF Missouri City, TX This bill rewards bad actors. That is, companies who fail to train and properly hire drivers get to be dismissed from a case against them. This is a disincentive to do things the right way. And those companies who do hiring, training and safety the proper way, are placed at an economic disadvantage to those who do not. Bad bill. Texans lose on this one. Jason Boorstein Self Dallas, TX I became very concerned after reading the text of this bill. The bill aims to hurt individuals driving on our roads. I am concerned about commercial vehicles from Texas, other States and Countries getting a pass in Texas if they hurt or kill someone. I am concerned that if this bill passes, companies have less incentive to investigate bad drivers, self police their company, train and discipline. Please consider tabling this bill so that we can investigate the real ramification to Texans. Thank you. Guy Choate Webb, Stokes & Sparks, LLP San Angelo, TX I speak in opposition to this Bill. Texas highways would be made less safe by protecting the companies that put profits over safety as they put unsafe trucks and drivers on the road. Large trucks are disproportionately responsible for carnage on Texas highways. Trucking companies need more scrutiny, not less. Trucks do not have to be dangerous and truck drivers do not have to cause crashes. Good companies do not have the type of crashes that routinely plague Texas highways. Wal-Mart is one of the largest trucking companies in the world and yet they don't have problems with crashes because they don't tolerate them. They take safety seriously and it shows up on their bottom line. This bill puts companies that take safety seriously at a competitive disadvantage to those that don't. I would ask the Members, how are Texans made safer by this bill? What does this bill to help assure me that my wife and children will be safe as they travel on Texas highways? Please vote to defeat this bill Thank you. Chris Kwon Self Pearland, TX This bill is extremely dangerous and clearly intended to set a brand new standard for trucking companies to operate their business and trucks. If this passes, it will give trucking companies a lot more freedom to operate their trucks in whatever manner they like without any real regard to safety on the roads. I find it even more appalling that not only is this bill dictating trucking standards, it's dictating how a trucking case gets litigated in courts. It's completely overbearing and dangerous. I cannot stress how important it is that this bill doesn't pass or otherwise, our roads in Texas will get SIGNIFICANTLY more dangerous. Willard Clark Printedself, attorney on: April 16, 2021 4:32 PM Page 1 of 251 self, attorney San Antonio, TX This bill rewards bad actors and will make Texas roads more dangerous. This bill puts the interests of insurance carriers over real Texans. James Girards Self Dallas, TX I write to oppose HB 19. We have some of the highest rates in the nation of preventable injuries and deaths on our highways caused by large commercial trucks. One might look no further than the recent huge 18-wheeler pile-up in the DFW area causing multiple deaths in which videos show trucks traveling way too fast for the conditions that existed at the time. Moreover, heavy trucks are complex and operators far too often cut corners that endanger every child, grandmother or other family member who shares the roadway with the trucks. More oversight is needed and this bill does the opposite. My brother-in-law, who was a 9/11 rescue worker, moved south after retiring from the NYPD only to be literally run over and crushed to death by an 18-wheeler when the driver of that truck fell asleep at the wheel because he had been driving way too many hours illegally. There are far too many trucks being operated everyday in TX in poor condition and far too many drivers operating them in excess of permissible driven hours. And, the companies/employers frequently fail to provide sufficient oversight. Texas families are helpless on our highways when one of these trucks is in the next lane or fast approaching from any direction. More oversight is needed. And, full compensation should be available to those who suffer the carnage caused by careless trucking companies. Please vote "no" on HB 19. Justin Hill Self San Antonio, TX I would like to voice my opposition to HB19. As worded, the bill does a lot of things that do not further our state's public policy goals. First, the bill absolves trucking companies of responsibility for their actions and leaves truck drivers solely on the hook for damages that they cause. Trucking companies have a role to play in ensuring they hire safe drivers and monitor them as drivers. By allowing them an automatic dismissal by just admitting the driver was on the job at the time, the employer has no incentive other than to admit the driver was their employee working at the time. Their role in working to make Texas safer should be strengthened and not weakened. Second, the bill will clog up our appellate court with unnecessary interlocutory appeals over simple discovery issues. The bill limits discovery in such a way trucking companies are essentially shielded for their actions. Why would we need the additional step which will only serve to clog up our appellate courts and delay the case? Third, the periodic payments portion is wholly a handout to insurance companies. It does not benefit trucking companies or truck drivers or Texas. There is no reasonable rationale for this portion. It will make drafting judgements almost impossible and likely require additional evidentiary hearings. It also ignores hundreds of years of jurisprudence to only benefit insurance companies. Finally, juries and judges should be trusted. The boom in trucking business has led to some very unscrupulous and abusive actors. Texas leads the nation in trucking crashes. We should all be working to make our roads safer and protect our economy. Providing immunity to the likes of Amazon, Wal-Mart, and other companies will not make our roads safer or our economy better. It will leave injury Texans without recourse if they are hurt. Lennie Bollinger Self, attorney McKinney, TX This bill would be a travesty for injured Texans and an unfair gift for insurers and commercial vehicle owners. The bill would encourage businesses and insurers to maintain the bare bones minimum insurance liability limits and/or reserves required to cover motor vehicle collision liability claims. When companies carry the minimum, the damage amounts not covered by the companies or their insurer are paid by the State through need based programs such as Medicaid. This bill is fundamentally unfair: if injured Texans are required to receive periodic payments for their awards determined by a jury then why aren’t businesses who obtain Printed on: April 16, 2021 4:32 PM Page 2 of 251 Texans are required to receive periodic payments for their awards determined by a jury then why aren’t businesses who obtain funds by jury verdict from another business also required to receive periodic payments? Please vote no on HB 19 as it will hurt injured Texans and help insurers and trucking companies who don’t need the help. Richard Stucky Self FORNEY, TX This is a very dangerous bill to Texas commercial carrier businesses, and citizens of Texas. This is dangerous to not only the larger corporate businesses, but the smaller mom and pop businesses. By removing evidence in litigation of bad conduct by the owner/operator of the commercial vehicle, it removes any chance of the "bad actor" being held accountable for not only damage to property, but also to Texans (children, moms, dads, etc.). There are many "mom and pop" business that spend hard earned resources to keep the Texas roadways safe. For example, these good companies have safety manuals and driver training. This bill will force mom and pop companies out of business when foreign companies (i.e. Mexican, Canadian, California, ect.) with zero to little safety policies outbid safe Texas companies. For example, HB 19 removes any discovery of safe practices of the wrongdoer. If that company will never be held accountable, that company will never have incentive to operate on Texas roadways safely. For the reasons above, and many other reasons, HB 19 does nothing to promote safety, but in turn will increase the injuries and deaths on Texas roadways, and force hard working Texas commercial carriers to shut their doors and surrender their businesses to foreign businesses. Zachary Herbert Self Richardson, TX This bill has the effect of keeping more money in the pockets of commercial truck companies and out of the pockets of victims. It is a bill that effectively lets trucking companies have no responsibility whatsoever Alan Tysinger self Adkins, TX I oppose HB 19 in its current form. I have reviewed the text of the bill. The committee should understand that commercial vehicles are not just 18 wheelers operating in remote parts of Texas. They are the pizza delivery drivers speeding around your neighborhood. They are the rideshare service drivers and food delivery app drivers speeding through your office parking lot at lunchtime. Commercial vehicles make up a larger proportion of the vehicles on the roadway than ever before.