Texas panel reopens debate on "admission rule" in trucking lawsuits as SB 39 advances to public testimony

Senate Transportation Committee members heard more than four hours of testimony on Senate Bill 39 on a proposal to change how evidence of employer conduct is treated in bifurcated commercial motor vehicle (CMV) trials.

Sen. Birdwell, the bills author, told the committee SB 39 would "repeal the admission rule exceptions that were amended into HB 19," restoring a rule he and supporters say has governed Texas courts since 1961. He and backers said the change would limit the first phase of a bifurcated CMV trial to proving who caused the collision and the plaintiffs compensatory damages, leaving punitive questions and some company‑conduct evidence for a later phase if the company does not concede respondeat superior.

Why it matters: The debate pits two policy aims against each other. Proponents argue the bill protects juries from evidence that unfairly inflates compensatory awards by introducing a companys unrelated safety history; opponents say it can hide conduct that made a crash more likely and deny jurors the context they need to apportion fault fairly.

Supporters' case

Lee Parsley, testifying for Texans for Lawsuit Reform, said the amendment that followed HB 19 in 2021 created practical problems and "made House Bill 19 dramatically less effective for its purpose." Parsley and other…