| 6 | 4 | | |
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| 7 | 5 | | |
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| 8 | 6 | | A BILL TO BE ENTITLED |
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| 9 | 7 | | AN ACT |
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| 10 | 8 | | relating to civil liability of a person who produces, distributes, |
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| 11 | 9 | | sells, or provides or aids in the production, distribution, sale, |
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| 12 | 10 | | or provision of certain synthetic substances to another person for |
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| 13 | 11 | | damages caused by the other person. |
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| 14 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 13 | | SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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| 16 | 14 | | Code, is amended by adding Section 481.1191 to read as follows: |
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| 17 | 15 | | Sec. 481.1191. CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN |
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| 18 | 16 | | PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC |
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| 19 | 17 | | SUBSTANCES. (a) In this section: |
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| 20 | 18 | | (1) "Minor" means a person younger than 18 years of |
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| 21 | 19 | | age. |
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| 22 | 20 | | (2) "Synthetic substance" means an artificial |
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| 23 | 21 | | substance that produces and is intended to produce when consumed or |
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| 24 | 22 | | ingested an effect similar to or in excess of the effect produced by |
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| 25 | 23 | | the consumption or ingestion of a controlled substance or |
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| 26 | 24 | | controlled substance analogue, as those terms are defined by |
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| 27 | 25 | | Section 481.002. |
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| 28 | 26 | | (b) A person is liable for damages proximately caused by the |
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| 29 | 27 | | consumption or ingestion of a synthetic substance by another person |
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| 30 | 28 | | if the actor: |
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| 31 | 29 | | (1) produced, distributed, sold, or provided the |
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| 32 | 30 | | synthetic substance to the other person; or |
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| 33 | 31 | | (2) aided in the production, distribution, sale, or |
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| 34 | 32 | | provision of the synthetic substance to the other person. |
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| 35 | 33 | | (c) A person is strictly liable for all damages caused by |
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| 36 | 34 | | the consumption or ingestion of a synthetic substance by a minor if |
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| 37 | 35 | | the actor: |
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| 38 | 36 | | (1) produced, distributed, sold, or provided the |
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| 39 | 37 | | synthetic substance to the minor; or |
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| 40 | 38 | | (2) aided in the production, distribution, sale, or |
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| 41 | 39 | | provision of the synthetic substance to the minor. |
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| 42 | 40 | | (d) A person who is found liable under this section or other |
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| 43 | 41 | | law for any amount of damages arising from the consumption or |
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| 44 | 42 | | ingestion by another of a synthetic substance is jointly and |
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| 45 | 43 | | severally liable with any other person for the entire amount of |
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| 46 | 44 | | damages awarded. |
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| 47 | 45 | | (e) Chapter 33, Civil Practice and Remedies Code, does not |
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| 48 | 46 | | apply to an action brought under this section or an action brought |
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| 49 | 47 | | under Section 17.50, Business & Commerce Code, based on conduct |
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| 50 | 48 | | made actionable under Subsection (f). |
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| 51 | 49 | | (f) Conduct for which Subsection (b) or (c) creates |
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| 52 | 50 | | liability is a false, misleading, or deceptive act or practice or an |
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| 53 | 51 | | unconscionable action or course of action for purposes of Section |
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| 54 | 52 | | 17.50, Business & Commerce Code, and that conduct is actionable |
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| 55 | 53 | | under Subchapter E, Chapter 17, Business & Commerce Code, and is |
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| 56 | 54 | | subject to any remedy prescribed by that subchapter. |
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| 57 | 55 | | (g) An action brought under this section may include a claim |
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| 58 | 56 | | for exemplary damages, which may be awarded in accordance with |
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| 59 | 57 | | Section 41.003, Civil Practice and Remedies Code. |
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| 60 | 58 | | (h) Section 41.008, Civil Practice and Remedies Code, does |
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| 61 | 59 | | not apply to the award of exemplary damages in an action brought |
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| 62 | 60 | | under this section. |
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| 63 | 61 | | (i) Section 41.005, Civil Practice and Remedies Code, does |
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| 64 | 62 | | not apply to a claim for exemplary damages in an action brought |
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| 65 | 63 | | under this section. |
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| 66 | 64 | | (j) It is an affirmative defense to liability under this |
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| 67 | 65 | | section that the synthetic substance produced, distributed, sold, |
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| 68 | 66 | | or provided was approved for use, sale, or distribution by the |
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| 69 | 67 | | United States Food and Drug Administration or other state or |
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| 70 | 68 | | federal regulatory agency with authority to approve a substance for |
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| 71 | 69 | | use, sale, or distribution. |
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| 72 | 70 | | (k) It is not a defense to liability under this section that |
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| 73 | 71 | | a synthetic substance was in packaging labeled with "Not for Human |
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| 74 | 72 | | Consumption" or other wording indicating the substance is not |
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| 75 | 73 | | intended to be ingested. |
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| 76 | 74 | | SECTION 2. This Act applies only to a cause of action that |
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| 77 | 75 | | accrues on or after the effective date of this Act. A cause of |
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| 78 | 76 | | action that accrued before the effective date of this Act is |
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| 79 | 77 | | governed by the law applicable to the cause of action immediately |
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| 80 | 78 | | before the effective date of this Act, and that law is continued in |
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| 81 | 79 | | effect for that purpose. |
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| 82 | 80 | | SECTION 3. This Act takes effect September 1, 2015. |
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