By Cuellar H.B. No. 291
75R1771 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for loss caused by the use of controlled
1-3 substances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
1-6 amended by adding Chapter 486 to read as follows:
1-7 CHAPTER 486. LIABILITY FOR DISTRIBUTION
1-8 OF CONTROLLED SUBSTANCES
1-9 Sec. 486.001. DEFINITIONS. In this chapter:
1-10 (1) "Claimant" means a party, including a plaintiff,
1-11 counterclaimant, cross-claimant, or third-party claimant, seeking
1-12 recovery of damages.
1-13 (2) "Controlled substance" has the meaning assigned by
1-14 Section 481.002.
1-15 (3) "Defendant" means a party, including a
1-16 counterdefendant, cross-defendant, or third-party defendant, from
1-17 whom a claimant seeks damages under this chapter.
1-18 (4) "Deliver" has the meaning assigned by Section
1-19 481.002.
1-20 Sec. 486.002. CAUSE OF ACTION. (a) A claimant may recover
1-21 damages under this chapter for personal injury, death, or property
1-22 damage caused by an individual's use of a controlled substance in
1-23 violation of law.
1-24 (b) This chapter does not apply to damages caused by the use
2-1 of a controlled substance if the delivery of the controlled
2-2 substance to the individual who used the controlled substance did
2-3 not violate law.
2-4 Sec. 486.003. PERSONS WHO MAY BRING ACTION. A claimant may
2-5 recover damages under this chapter if the claimant:
2-6 (1) is the individual who used the controlled
2-7 substance;
2-8 (2) is a parent, legal guardian, child, spouse, or
2-9 sibling of the individual who used the controlled substance,
2-10 including a child exposed to a controlled substance in utero;
2-11 (3) is an employer of the individual who used the
2-12 controlled substance;
2-13 (4) has paid for or is liable to pay for, under a
2-14 contract of insurance or otherwise, medical services relating to
2-15 the use of the controlled substance, including drug treatment or
2-16 employee assistance services, for the individual who used the
2-17 controlled substance;
2-18 (5) has provided or is liable to provide medical
2-19 services relating to the use of the controlled substance, including
2-20 drug treatment or employee assistance services, to the individual
2-21 who used the controlled substance; or
2-22 (6) is injured as a result of a wilful, reckless, or
2-23 negligent act or omission of the individual who used the controlled
2-24 substance, if that act or omission was:
2-25 (A) committed while the individual was under the
2-26 influence of a controlled substance; or
2-27 (B) otherwise related to the use of a controlled
3-1 substance.
3-2 Sec. 486.004. PERSONS WHO MAY BE HELD LIABLE. A claimant
3-3 may recover damages from:
3-4 (1) a person who, in violation of law, knowingly
3-5 delivered a controlled substance to the individual who used the
3-6 controlled substance, if:
3-7 (A) the controlled substance that was delivered
3-8 is the same type of controlled substance, or one of several types,
3-9 that the individual was using at the time the damages for which
3-10 recovery is sought were incurred; and
3-11 (B) a delivery of the controlled substance to
3-12 the individual occurred not earlier than 180 days before the date
3-13 on which the damages for which recovery is sought were incurred; or
3-14 (2) a person who delivered a controlled substance to
3-15 the person described by Subdivision (1) or to any other person in
3-16 the chain of delivery of a controlled substance to a person
3-17 described by Subdivision (1) if:
3-18 (A) the controlled substance is a type of
3-19 controlled substance described by Subdivision (1)(A); and
3-20 (B) a delivery of the controlled substance
3-21 occurred not earlier than 180 days before a date of delivery to the
3-22 individual who used the controlled substance that would satisfy the
3-23 requirements of Subdivision (1)(B).
3-24 Sec. 486.005. DAMAGES. A claimant may recover:
3-25 (1) compensatory damages, including damages for:
3-26 (A) economic loss proximately caused by use of
3-27 the controlled substance, including:
4-1 (i) the cost of treatment and
4-2 rehabilitation;
4-3 (ii) medical expenses;
4-4 (iii) loss of economic or educational
4-5 potential;
4-6 (iv) loss of productivity;
4-7 (v) loss associated with absences from
4-8 school or work;
4-9 (vi) loss associated with accident or
4-10 injury; and
4-11 (vii) expenses for necessary support; and
4-12 (B) noneconomic loss proximately caused by the
4-13 use of the controlled substance, including:
4-14 (i) physical and emotional pain;
4-15 (ii) suffering;
4-16 (iii) physical impairment;
4-17 (iv) emotional distress;
4-18 (v) mental anguish;
4-19 (vi) loss associated with disfigurement;
4-20 (vii) loss of enjoyment; and
4-21 (viii) loss of companionship, services,
4-22 and consortium;
4-23 (2) exemplary damages under Chapter 41, Civil Practice
4-24 and Remedies Code;
4-25 (3) reasonable attorney's fees; and
4-26 (4) costs, including reasonable expert witness fees.
4-27 Sec. 486.006. PROPORTIONATE RESPONSIBILITY. (a) Chapter 33,
5-1 Civil Practices and Remedies Code, does not apply to a claim under
5-2 this chapter brought by a claimant other than the individual who
5-3 used the controlled substance.
5-4 (b) Chapter 33, Civil Practice and Remedies Code, applies to
5-5 a claim brought under this chapter by the individual who used the
5-6 controlled substance, except Section 33.001, Civil Practice and
5-7 Remedies Code, does not apply to the claim.
5-8 Sec. 486.007. INSURANCE COVERAGE. An insurance company may
5-9 not indemnify a defendant for liability for damages awarded under
5-10 this chapter and may not provide or pay for a defense on behalf of
5-11 the defendant.
5-12 Sec. 486.008. LAW ENFORCEMENT. A law enforcement officer or
5-13 agency, this state, or a person acting at the direction of a law
5-14 enforcement officer or agency of this state is not liable under
5-15 this chapter for any conduct in furtherance of an official
5-16 investigation.
5-17 SECTION 2. A claimant under Chapter 486, Health and Safety
5-18 Code, as added by this Act, may not recover under that chapter as a
5-19 result of any conduct described by Section 486.004, Health and
5-20 Safety Code, as added by this Act, that occurred before the
5-21 effective date of this Act.
5-22 SECTION 3. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended,
5-27 and that this Act take effect and be in force from and after its
6-1 passage, and it is so enacted.