1-1 By: Brown S.B. No. 15
1-2 (In the Senate - Filed November 9, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 6, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the liability of a person who manufactures or delivers
1-18 certain illegal substances for damages arising from the use of the
1-19 substances.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Chapter 481, Health and Safety Code, is amended
1-22 by adding Subchapter H to read as follows:
1-23 SUBCHAPTER H. CIVIL LIABILITY
1-24 Sec. 481.231. LIABILITY OF MANUFACTURER OR DELIVERER. A
1-25 person who manufactures or delivers a controlled substance in
1-26 violation of Section 481.112, 481.113, 481.114, 481.119, 481.120,
1-27 481.122, or 481.123 is liable to a person who uses the controlled
1-28 substance for any damages arising from property damage, personal
1-29 injury, or death proximately caused by that use, including:
1-30 (1) damages both to the user and to other persons
1-31 arising as a result of the influence of the controlled substance on
1-32 the behavior or judgment of the user; and
1-33 (2) damages relating to the long-term physical,
1-34 emotional, and psychological effects of the controlled substance on
1-35 the user.
1-36 Sec. 481.232. MORE THAN ONE MANUFACTURER OR SELLER. A
1-37 person who manufactures or delivers a controlled substance is
1-38 liable to a user under Section 481.231 for damages caused by the
1-39 use of the controlled substance by the user even if the person is
1-40 not the sole source of the controlled substance for the user if the
1-41 user can show that the controlled substance manufactured or
1-42 delivered by the person and used by the user significantly
1-43 contributed to the damages caused by the use of the controlled
1-44 substance by the user.
1-45 Sec. 481.233. CERTAIN PROPERTY EXEMPT. Property that is
1-46 seized and forfeited under Chapter 59, Code of Criminal Procedure,
1-47 is exempt from attachment, execution, and seizure for the
1-48 satisfaction of a judgment under this subchapter against a person
1-49 who manufactures or delivers a controlled substance.
1-50 SECTION 2. This Act applies only to damages caused by the
1-51 use of a controlled substance, as that term is defined by Section
1-52 481.002, Health and Safety Code, on or after the effective date of
1-53 this Act.
1-54 SECTION 3. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended,
1-59 and that this Act take effect and be in force from and after its
1-60 passage, and it is so enacted.
1-61 * * * * *
1-62 Austin,
1-63 Texas
1-64 April 6, 1993
1-65 Hon. Bob Bullock
1-66 President of the Senate
1-67 Sir:
1-68 We, your Committee on Criminal Justice to which was referred S.B.
2-1 No. 15, have had the same under consideration, and I am instructed
2-2 to report it back to the Senate with the recommendation that it do
2-3 pass and be printed.
2-4 Whitmire,
2-5 Chairman
2-6 * * * * *
2-7 WITNESSES
2-8 FOR AGAINST ON
2-9 ___________________________________________________________________
2-10 Name: Ira Calkins x
2-11 Representing: Himself
2-12 City: Austin
2-13 -------------------------------------------------------------------
2-14 Name: Ron Whittington x
2-15 Representing: Austin Rehabilitation
2-16 City: Austin
2-17 -------------------------------------------------------------------
2-18 Name: Gilson Westbrook x
2-19 Representing: Rosewood Rehab Center
2-20 City: Austin
2-21 -------------------------------------------------------------------
2-22 Name: Dennis Moore x
2-23 Representing: Rosewood Rehab Center
2-24 City: Austin
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2-26 Name: Lyda Henry x
2-27 Representing: Gilson Westbrock & Assoc
2-28 City: Austin
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