By: Brown S.B. No. 15 73R1056 NSC-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of a person who manufactures or delivers 1-3 certain illegal substances for damages arising from the use of the 1-4 substances. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 481, Health and Safety Code, is amended 1-7 by adding Subchapter H to read as follows: 1-8 SUBCHAPTER H. CIVIL LIABILITY 1-9 Sec. 481.231. LIABILITY OF MANUFACTURER OR DELIVERER. A 1-10 person who manufactures or delivers a controlled substance in 1-11 violation of Section 481.112, 481.113, 481.114, 481.119, 481.120, 1-12 481.122, or 481.123 is liable to a person who uses the controlled 1-13 substance for any damages arising from property damage, personal 1-14 injury, or death proximately caused by that use, including: 1-15 (1) damages both to the user and to other persons 1-16 arising as a result of the influence of the controlled substance on 1-17 the behavior or judgment of the user; and 1-18 (2) damages relating to the long-term physical, 1-19 emotional, and psychological effects of the controlled substance on 1-20 the user. 1-21 Sec. 481.232. MORE THAN ONE MANUFACTURER OR SELLER. A 1-22 person who manufactures or delivers a controlled substance is 1-23 liable to a user under Section 481.231 for damages caused by the 1-24 use of the controlled substance by the user even if the person is 2-1 not the sole source of the controlled substance for the user if the 2-2 user can show that the controlled substance manufactured or 2-3 delivered by the person and used by the user significantly 2-4 contributed to the damages caused by the use of the controlled 2-5 substance by the user. 2-6 Sec. 481.233. CERTAIN PROPERTY EXEMPT. Property that is 2-7 seized and forfeited under Chapter 59, Code of Criminal Procedure, 2-8 is exempt from attachment, execution, and seizure for the 2-9 satisfaction of a judgment under this subchapter against a person 2-10 who manufactures or delivers a controlled substance. 2-11 SECTION 2. This Act applies only to damages caused by the 2-12 use of a controlled substance, as that term is defined by Section 2-13 481.002, Health and Safety Code, on or after the effective date of 2-14 this Act. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.