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.