By Hirschi                                       H.B. No. 912

      75R3310 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain inherently unsafe products.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 82.004, Civil Practice and Remedies Code,

 1-5     is amended by amending Subsection (a) and adding Subsection (c) to

 1-6     read as follows:

 1-7           (a)  In a products liability action, a manufacturer or seller

 1-8     shall not be liable if:

 1-9                 (1)  the product is inherently unsafe and the product

1-10     is known to be unsafe by the ordinary consumer who consumes the

1-11     product with the ordinary knowledge common to the community;  and

1-12                 (2)  the product is a common consumer product intended

1-13     for personal consumption, such as sugar, castor oil, alcohol,

1-14     [tobacco,] and butter, as identified in Comment i to Section 402A

1-15     of the Restatement (Second) of Torts.

1-16           (c)  Notwithstanding Comment i to Section 402A of the

1-17     Restatement (Second) of Torts, tobacco is not a common consumer

1-18     product intended for personal consumption for purposes of this

1-19     section.

1-20           SECTION 2.  This Act takes effect September 1, 1997, and

1-21     applies only to a cause of action that accrues on or after that

1-22     date.  An action that accrues before the effective date of this Act

1-23     is governed by the law applicable to the action immediately before

1-24     the effective date of this Act, and that law is continued in effect

 2-1     for that purpose.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.