| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R9939 MCF-D | |
| 2 | 2 | By: Luther H.B. No. 3441 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to the liability of vaccine manufacturers for advertising | |
| 10 | 10 | a harmful vaccine. | |
| 11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 12 | SECTION 1. Subchapter E, Chapter 431, Health and Safety | |
| 13 | 13 | Code, is amended by adding Section 431.118 to read as follows: | |
| 14 | 14 | Sec. 431.118. LIABILITY OF MANUFACTURER FOR ADVERTISING | |
| 15 | 15 | CERTAIN VACCINES. (a) A manufacturer is liable to an individual | |
| 16 | 16 | if: | |
| 17 | 17 | (1) the manufacturer advertises a vaccine in this | |
| 18 | 18 | state; and | |
| 19 | 19 | (2) the vaccine causes harm or injury to the | |
| 20 | 20 | individual. | |
| 21 | 21 | (b) A court shall award a claimant who prevails in an action | |
| 22 | 22 | brought under this section: | |
| 23 | 23 | (1) actual damages; and | |
| 24 | 24 | (2) court costs and reasonable attorney's fees | |
| 25 | 25 | incurred in bringing the action. | |
| 26 | 26 | SECTION 2. The change in law made by this Act applies only | |
| 27 | 27 | to a cause of action that accrues on or after the effective date of | |
| 28 | 28 | this Act. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2025. |