By: Lucio S.B. No. 1279
97S0819/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to compliance with government standards as a defense to an
1-2 award of exemplary damages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 41, Civil Practice and Remedies Code, is
1-5 amended by adding Section 41.014 to read as follows:
1-6 Sec. 41.014. COMPLIANCE WITH GOVERNMENT STANDARDS.
1-7 (a) Exemplary damages may not be awarded against a manufacturer or
1-8 seller of a drug that caused the claimant's harm if:
1-9 (1) the drug was subject to premarket approval by the
1-10 federal Food and Drug Administration with respect to the safety of
1-11 the formulation or performance of the drug or the adequacy of the
1-12 packaging or labeling of the drug and the drug was approved by the
1-13 federal Food and Drug Administration; or
1-14 (2) the drug is generally recognized as safe and
1-15 effective pursuant to conditions established by the federal Food
1-16 and Drug Administration and applicable regulations, including
1-17 packaging and labeling regulations.
1-18 (b) Subsection (a) does not apply to a manufacturer of a
1-19 drug if the claimant proves by clear and convincing evidence that
1-20 the manufacturer, before or after premarket approval of the drug:
1-21 (1) intentionally or wrongfully withheld from or
1-22 misrepresented to the federal Food and Drug Administration
1-23 information concerning the drug required to be submitted under the
2-1 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
2-2 seq.) or Section 351 of the Public Health Service Act (42 U.S.C.
2-3 Section 262) that is material and relevant to the harm suffered by
2-4 the claimant; or
2-5 (2) made an illegal payment to an official or employee
2-6 of the federal Food and Drug Administration for the purpose of
2-7 securing or maintaining approval of the drug.
2-8 (c) In this section, "drug" has the meaning assigned by
2-9 Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21
2-10 U.S.C. Section 321(g)(1)).
2-11 SECTION 2. This Act takes effect September 1, 1997, and
2-12 applies only to an action commenced on or after that date. An
2-13 action commenced before the effective date of this Act is governed
2-14 by the law in effect immediately before that date, and that law is
2-15 continued in effect for that purpose.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.