Texas 2017 - 85th Regular

Texas House Bill HB2612 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Meyer, Fallon (Senate Sponsor - Huffman) H.B. No. 2612
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 11, 2017, read first time and referred to Committee on State
4		-	Affairs; May 18, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 18, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2612
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to civil liability of a person who produces, distributes,
12	6		sells, or provides or aids in the production, distribution, sale,
13	7		or provision of certain synthetic substances to another person for
14	8		damages caused by the other person and to certain actions and
15	9		investigations under the Deceptive Trade Practices-Consumer
16	10		Protection Act.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Subchapter D, Chapter 481, Health and Safety
19	13		Code, is amended by adding Section 481.1191 to read as follows:
20	14		Sec. 481.1191. CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN
21	15		PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC
22	16		SUBSTANCES. (a) In this section:
23	17		(1) "Minor" means a person younger than 18 years of
24	18		age.
25	19		(2) "Synthetic substance" means an artificial
26	20		substance that produces and is intended by the manufacturer to
27	21		produce when consumed or ingested an effect similar to or in excess
28	22		of the effect produced by the consumption or ingestion of a
29	23		controlled substance or controlled substance analogue, as those
30	24		terms are defined by Section 481.002.
31	25		(b) A person is liable for damages proximately caused by the
32	26		consumption or ingestion of a synthetic substance by another person
33	27		if the actor:
34	28		(1) produced, distributed, sold, or provided the
35	29		synthetic substance to the other person; or
36	30		(2) aided in the production, distribution, sale, or
37	31		provision of the synthetic substance to the other person.
38	32		(c) A person is strictly liable for all damages caused by
39	33		the consumption or ingestion of a synthetic substance by a minor if
40	34		the actor:
41	35		(1) produced, distributed, sold, or provided the
42	36		synthetic substance to the minor; or
43	37		(2) aided in the production, distribution, sale, or
44	38		provision of the synthetic substance to the minor.
45	39		(d) A person who is found liable under this section or other
46	40		law for any amount of damages arising from the consumption or
47	41		ingestion by another of a synthetic substance is jointly and
48	42		severally liable with any other person for the entire amount of
49	43		damages awarded.
50	44		(e) Chapter 33, Civil Practice and Remedies Code, does not
51	45		apply to an action brought under this section or an action brought
52	46		under Section 17.50, Business & Commerce Code, based on conduct
53	47		made actionable under Subsection (f) of this section.
54	48		(f) Conduct for which Subsection (b) or (c) creates
55	49		liability is a false, misleading, or deceptive act or practice or an
56	50		unconscionable action or course of action for purposes of Section
57	51		17.50, Business & Commerce Code, and that conduct is:
58	52		(1) actionable under Subchapter E, Chapter 17,
59	53		Business & Commerce Code; and
60	54		(2) subject to any remedy prescribed by that
61	55		subchapter.
62	56		(g) An action brought under this section may include a claim
63	57		for exemplary damages, which may be awarded in accordance with
64	58		Section 41.003, Civil Practice and Remedies Code.
65	59		(h) Section 41.008, Civil Practice and Remedies Code, does
66	60		not apply to the award of exemplary damages in an action brought
67	61		under this section.
68	62		(i) Section 41.005, Civil Practice and Remedies Code, does
69	63		not apply to a claim for exemplary damages in an action brought
70	64		under this section.
71	65		(j) It is an affirmative defense to liability under this
72	66		section that the synthetic substance produced, distributed, sold,
73	67		or provided was approved for use, sale, or distribution by the
74	68		United States Food and Drug Administration or other state or
75	69		federal regulatory agency with authority to approve a substance for
76	70		use, sale, or distribution.
77	71		(k) It is not a defense to liability under this section that
78	72		a synthetic substance was in packaging labeled with "Not for Human
79	73		Consumption" or other wording indicating the substance is not
80	74		intended to be ingested.
81	75		SECTION 2. Subchapter E, Chapter 17, Business & Commerce
82	76		Code, is amended by adding Section 17.463 to read as follows:
83	77		Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
84	78		OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
85	79		an act described by Section 17.46(b)(31).
86	80		(b) Subject to Subsection (e) and except as otherwise
87	81		provided by this section, an act to which this section applies is
88	82		subject to action by a district or county attorney under Sections
89	83		17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
90	84		subject to action by the consumer protection division under those
91	85		sections.
92	86		(c) If a district or county attorney, under the authority of
93	87		this section, accepts assurance of voluntary compliance under
94	88		Section 17.58, the district or county attorney must file the
95	89		assurance of voluntary compliance in the district court in the
96	90		county in which the alleged violator resides or does business.
97	91		(d) If a district or county attorney, under the authority of
98	92		this section, executes and serves a civil investigative demand and
99	93		files a petition described by Section 17.61(g), the petition must
100	94		be filed in the district court in the county where the parties
101	95		reside.
102	96		(e) A district or county attorney may act under this section
103	97		so long as the consumer protection division does not intend to act
104	98		with respect to that matter. Further, consistent with Section
105	99		17.48(b) of this subchapter, the consumer protection division
106	100		shall, upon request and to the extent it has the resources
107	101		available, provide assistance to a district or county attorney in
108	102		any action taken under this subchapter. A district or county
109	103		attorney may institute a suit described by this section on or after
110	104		the 90th day after the date the attorney general receives the notice
111	105		required by Section 17.48 unless before the 90th day after the date
112	106		the notice is received the attorney general responds that it is
113	107		actively investigating or litigating at least one of the alleged
114	108		violations set forth in the notice. The consumer protection
115	109		division shall notify the district or county attorney it no longer
116	110		intends to actively investigate or litigate an alleged violation
117	111		within a reasonable time of such determination.
118	112		(f) Notwithstanding any other law, in an action brought by a
119	113		district or county attorney under this section, all settlements or
120	114		penalties collected by the district or county attorney shall be
121	115		divided between the state and the county in which the attorney
122	116		brought suit, with:
123	117		(1) 50 percent of the amount collected paid to the
124	118		comptroller for deposit to the credit of the basic civil legal
125	119		services account established by Section 51.943, Government Code;
126	120		and
127	121		(2) 50 percent of the amount collected paid to the
128	122		county shall be deposited by the county in a segregated account and
129	123		the funds shall be used only for law enforcement, public health
130	124		programs, or drug abuse prevention programs.
131	125		SECTION 3. This Act applies only to a cause of action that
132	126		accrues on or after the effective date of this Act. A cause of
133	127		action that accrued before the effective date of this Act is
134	128		governed by the law applicable to the cause of action immediately
135	129		before the effective date of this Act, and that law is continued in
136	130		effect for that purpose.
137	131		SECTION 4. This Act takes effect September 1, 2017.
138		-	* * * * *
	132	+	______________________________ ______________________________
	133	+	President of the Senate Speaker of the House
	134	+	I certify that H.B. No. 2612 was passed by the House on May 9,
	135	+	2017, by the following vote: Yeas 144, Nays 0, 1 present, not
	136	+	voting.
	137	+	______________________________
	138	+	Chief Clerk of the House
	139	+	I certify that H.B. No. 2612 was passed by the Senate on May
	140	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	141	+	______________________________
	142	+	Secretary of the Senate
	143	+	APPROVED: _____________________
	144	+	Date
	145	+	_____________________
	146	+	Governor