(a) A transportation network company may not be held vicariously liable for damages in an action or arbitration proceeding to which this chapter applies if:
(1) the claimant does not prove by clear and convincing evidence that the company was grossly negligent with respect to the subject claim; and
(2) the company has fulfilled all of the company’s obligations with respect to the transportation network company driver under Chapter 2402, Occupations Code, relating to the subject claim.
(b) Subsection (a) does not affect the liability of a transportation network company arising out of the company’s own negligence or gross negligence for an act or omission relating to the use of the company’s digital network, including the failure to prevent a driver from logging on to the digital network if, at the time of the event giving rise to the cause of action, the company had actual knowledge that the driver was disqualified from logging on to the company’s digital network for a reason described by § 2402.107(b), Occupations Code, that occurred after the most recent review of the driver’s driving record or criminal background check required by § 2402.107, Occupations Code.