89R9939 MCF-D
By: Luther H.B. No. 3441
A BILL TO BE ENTITLED
AN ACT
relating to the liability of vaccine manufacturers for advertising
a harmful vaccine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 431, Health and Safety
Code, is amended by adding Section 431.118 to read as follows:
Sec. 431.118. LIABILITY OF MANUFACTURER FOR ADVERTISING
CERTAIN VACCINES. (a) A manufacturer is liable to an individual
if:
(1) the manufacturer advertises a vaccine in this
state; and
(2) the vaccine causes harm or injury to the
individual.
(b) A court shall award a claimant who prevails in an action
brought under this section:
(1) actual damages; and
(2) court costs and reasonable attorney's fees
incurred in bringing the action.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2025.