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.