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.