84R23297 GCB-F
By: Simpson, Smithee, Raymond, Keffer, Price, H.B. No. 1200
et al.
Substitute the following for H.B. No. 1200:
By: Sheets C.S.H.B. No. 1200
A BILL TO BE ENTITLED
AN ACT
relating to civil liability of a person who produces, distributes,
sells, or provides or aids in the production, distribution, sale,
or provision of certain synthetic substances to another person for
damages caused by the other person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.1191 to read as follows:
Sec. 481.1191. CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN
PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC
SUBSTANCES. (a) In this section:
(1) "Minor" means a person younger than 18 years of
age.
(2) "Synthetic substance" means an artificial
substance that produces and is intended to produce when consumed or
ingested an effect similar to or in excess of the effect produced by
the consumption or ingestion of a controlled substance or
controlled substance analogue, as those terms are defined by
Section 481.002.
(b) A person is liable for damages proximately caused by the
consumption or ingestion of a synthetic substance by another person
if the actor:
(1) produced, distributed, sold, or provided the
synthetic substance to the other person; or
(2) aided in the production, distribution, sale, or
provision of the synthetic substance to the other person.
(c) A person is strictly liable for all damages caused by
the consumption or ingestion of a synthetic substance by a minor if
the actor:
(1) produced, distributed, sold, or provided the
synthetic substance to the minor; or
(2) aided in the production, distribution, sale, or
provision of the synthetic substance to the minor.
(d) A person who is found liable under this section or other
law for any amount of damages arising from the consumption or
ingestion by another of a synthetic substance is jointly and
severally liable with any other person for the entire amount of
damages awarded.
(e) Chapter 33, Civil Practice and Remedies Code, does not
apply to an action brought under this section or an action brought
under Section 17.50, Business & Commerce Code, based on conduct
made actionable under Subsection (f).
(f) Conduct for which Subsection (b) or (c) creates
liability is a false, misleading, or deceptive act or practice or an
unconscionable action or course of action for purposes of Section
17.50, Business & Commerce Code, and that conduct is actionable
under Subchapter E, Chapter 17, Business & Commerce Code, and is
subject to any remedy prescribed by that subchapter.
(g) An action brought under this section may include a claim
for exemplary damages, which may be awarded in accordance with
Section 41.003, Civil Practice and Remedies Code.
(h) Section 41.008, Civil Practice and Remedies Code, does
not apply to the award of exemplary damages in an action brought
under this section.
(i) Section 41.005, Civil Practice and Remedies Code, does
not apply to a claim for exemplary damages in an action brought
under this section.
(j) It is an affirmative defense to liability under this
section that the synthetic substance produced, distributed, sold,
or provided was approved for use, sale, or distribution by the
United States Food and Drug Administration or other state or
federal regulatory agency with authority to approve a substance for
use, sale, or distribution.
(k) It is not a defense to liability under this section that
a synthetic substance was in packaging labeled with "Not for Human
Consumption" or other wording indicating the substance is not
intended to be ingested.
SECTION 2. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.