| 1 | 1 | | 84R10231 SCL-F |
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| 2 | 2 | | By: Springer H.B. No. 1988 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of sellers and manufacturers for the |
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| 8 | 8 | | misuse of a product. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Section 82.0045 to read as follows: |
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| 12 | 12 | | Sec. 82.0045. LIABILITY FOR MISUSE. (a) In this section, |
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| 13 | 13 | | "misuse" means the use of a product in a manner other than the |
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| 14 | 14 | | product's intended use. Misuse includes a use: |
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| 15 | 15 | | (1) inconsistent with the specifications and |
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| 16 | 16 | | standards applicable to the product; |
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| 17 | 17 | | (2) contrary to an instruction or warning provided by |
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| 18 | 18 | | the manufacturer, seller, or other person possessing knowledge or |
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| 19 | 19 | | training regarding the use or maintenance of the product; or |
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| 20 | 20 | | (3) determined to be improper by a federal or state |
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| 21 | 21 | | agency charged with protecting consumer or product safety. |
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| 22 | 22 | | (b) In a products liability action, a manufacturer or seller |
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| 23 | 23 | | shall not be liable for any claim arising out of harm caused by |
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| 24 | 24 | | misuse of a product by a person other than the manufacturer or |
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| 25 | 25 | | seller. |
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| 26 | 26 | | (c) On its own motion and after reasonable notice to the |
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| 27 | 27 | | parties, the court shall dismiss a claim filed after September 1, |
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| 28 | 28 | | 2015, if the court finds by a preponderance of the evidence that the |
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| 29 | 29 | | claim was caused by misuse of a product by a person other than the |
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| 30 | 30 | | manufacturer or seller. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies to an |
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| 32 | 32 | | action filed on or after the effective date of this Act. An action |
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| 33 | 33 | | filed before the effective date of this Act is governed by the law |
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| 34 | 34 | | in effect on the date the action was filed, and that law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2015. |
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