By:  Bosse                                            H.B. No. 1343
       73R5464 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the time in which a products liability action against a
    1-3  seller of general aviation aircraft must be commenced.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 16, Civil Practice and
    1-6  Remedies Code, is amended by adding Section 16.013 to read as
    1-7  follows:
    1-8        Sec. 16.013.  PRODUCTS LIABILITY:  GENERAL AVIATION AIRCRAFT.
    1-9  (a)  In this section:
   1-10              (1)  "Claimant," "products liability action," and
   1-11  "seller" have the meanings assigned by Section 82.001.
   1-12              (2)  "General aviation aircraft" means privately owned
   1-13  aircraft used for personal or business purposes.  The term does not
   1-14  include an aircraft that at the time the products liability action
   1-15  arose:
   1-16                    (A)  was being used in the business of
   1-17  transporting persons or property for compensation;
   1-18                    (B)  was being hired, leased, or chartered to the
   1-19  general public; or
   1-20                    (C)  was owned or operated by a unit of
   1-21  government or by a military organization.
   1-22        (b)  Except as provided by Subsection (c), a claimant must
   1-23  commence a products liability action against a seller of general
   1-24  aviation aircraft before the end of 25 years after the date the
    2-1  aircraft was delivered to its first purchaser or lessee in this
    2-2  state who was not engaged in the business of selling or leasing
    2-3  general aviation aircraft.
    2-4        (c)  If a seller expressly represents that the general
    2-5  aviation aircraft has a useful safe life of longer than 25 years, a
    2-6  claimant must commence a products liability action against that
    2-7  seller before the end of the number of years represented after the
    2-8  date of the sale of the equipment by that seller.
    2-9        (d)  This section does not reduce a limitations period that
   2-10  applies to a products liability action involving general aviation
   2-11  aircraft that accrues before the end of the limitations period
   2-12  under this section.
   2-13        (e)  This section does not extend the limitations period
   2-14  within which a products liability action may be commenced under any
   2-15  other law.
   2-16        SECTION 2.  This Act takes effect September 1, 1993, and
   2-17  applies only to a cause of action that accrues on or after that
   2-18  date.  A cause of action that accrued before the effective date of
   2-19  this Act is governed by the law in effect at the time the action
   2-20  accrued, and that law is continued in effect for that purpose.
   2-21        SECTION 3.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.