{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-72.052","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 72.052","heading":"BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE COLLISION ACTIONS.","body":"(a) In a civil action under this subchapter, on motion by a defendant, the court shall provide for a bifurcated trial under this section.\n(b) A motion under this section shall be made on or before the later of:\n(1) the 120th day after the date the defendant bringing the motion files the defendant's original answer; or\n(2) the 30th day after the date a claimant files a pleading adding a claim or cause of action against the defendant bringing the motion.\n(c) The trier of fact shall determine liability for and the amount of compensatory damages in the first phase of a bifurcated trial under this section.\n(d) The trier of fact shall determine liability for and the amount of exemplary damages in the second phase of a bifurcated trial under this section.\n(e) For purposes of this section, a finding by the trier of fact in the first phase of a bifurcated trial that an employee defendant was negligent in operating an employer defendant's commercial motor vehicle may serve as a basis for the claimant to proceed in the second phase of the trial on a claim against the employer defendant, such as negligent entrustment, that requires a finding by the trier of fact that the employee was negligent in operating the vehicle as a prerequisite to the employer defendant being found negligent in relation to the employee defendant's operation of the vehicle. This subsection does not apply to a claimant who has pursued a claim described by this subsection in the first phase of a trial that is bifurcated under this section.\nAdded by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 4, eff. September 1, 2021.\nAmended by:\nActs 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 116, eff. September 1, 2023.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 4. LIABILITY IN TORT","CHAPTER 72. LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR","SUBCHAPTER B. ACTIONS REGARDING COMMERCIAL MOTOR VEHICLES"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.72.htm#72.052","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"7bde861608f8fe4ec8d2eea79e03f05b78cc8ef22b9dfe78d5c9764560937736","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-72.051","next":"us-tx/tex.-civil-practice-and-remedies-code-72.053"},"notice":"GroundRules: Original legal text. Not legal advice."}