By Najera H.B. No. 3564 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the commercial use of certain electrical devices 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 35, Subchapter D, of the Business and 1-5 Commerce Code is amended to add the following section: 1-6 Sec. 35.55. DEVICES USED TO APPLY ELECTRIC CURRENT. (a) 1-7 Definitions. As used in this subchapter, 1-8 (1) "Device" means a device designed, manufactured, 1-9 used, or intended to be used to apply an electrical current to the 1-10 head of another person for the purpose of inducing a motor seizure. 1-11 (2) "Consumer" means an individual on whom a device 1-12 has been used or employed. 1-13 (b) In addition to any other remedy available at law, a 1-14 consumer whose mental faculties have been diminished or impaired as 1-15 a result of the use of a device, or who has suffered physical 1-16 injury to or impairment of an internal body organ a result of the 1-17 use of a device, shall be entitled to seek, against any person, 1-18 partnership, corporation, or association that used or employed, or 1-19 caused to be used or employed, or participated substantially in a 1-20 decision to use or employ, the device on the consumer, those 1-21 remedies provided for in Section 17.50 of this Code. The exemption 2-1 provided for in Section 17.49(c) of this Code shall not apply to an 2-2 action brought under this subsection. 2-3 (c) An action brought under this subchapter must be 2-4 commenced within two years after the date on which the device was 2-5 used or employed on the consumer, or within two years after the 2-6 consumer discovered or in the exercise of reasonable diligence 2-7 should have discovered that the consumer's mental faculties had 2-8 become diminished or impaired or that the consumer suffered 2-9 physical injury or impairment as a result of the use of a device. 2-10 SECTION 2. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended, 2-15 and that this Act take effect and be in force from and after its 2-16 passage, and it is so enacted.