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.