By Hirschi H.B. No. 2693 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a cause of action by the state or unit of government 1-3 against the manufacturer of a tobacco product under certain 1-4 circumstances and providing that certain defenses shall not be 1-5 applicable. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Liability of manufacturer of a tobacco product 1-8 (a) The state and any unit of government has a cause of 1-9 action against the manufacturer of a tobacco product as defined in 1-10 Section 155.001(3) of the Tax Code for the recovery of expenses 1-11 incurred by such unit of government in providing medical treatment 1-12 and health care for lung cancer and any cardio-vascular or 1-13 respiratory disease for any person who contracted that cancer or 1-14 disease as a result, in whole or in part, of use of the tobacco 1-15 product. 1-16 (b) In an action under the provisions of this section: 1-17 (1) The state or unit of government has the burden of 1-18 proof to show by a preponderance of the evidence that the lung 1-19 cancer or disease was caused in whole or in part by use of the 1-20 tobacco product. 1-21 (2) Assumption of the risk, victim fault, and 1-22 comparitive causation or contributory negligence shall not be 1-23 imputed to the state and these defenses shall not be available to 2-1 the manufacturer. 2-2 (c) The state or unit of government that prevails in a cause 2-3 of action under this section is entitled to reasonable attorney's 2-4 fees and costs. 2-5 SECTION 2. Venue for any action brought under this section 2-6 may be maintained in the county in which any part of such expense 2-7 was incurred or in any county in which the cause of action or a 2-8 part thereof arose. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and this Act take effect and be in force from and after its 2-15 passage, and it is so enacted.