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.