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