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.