By Clark, Homer, Keffer H.B. No. 2087
77R9381 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil liability for the manufacture of methamphetamine.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 99 to read as follows:
1-6 CHAPTER 99. LIABILITY FOR MANUFACTURE OF METHAMPHETAMINE
1-7 Sec. 99.001. APPLICABILITY. This chapter applies only to a
1-8 person who manufactures methamphetamine in violation of Section
1-9 481.112, Health and Safety Code, without regard to whether the
1-10 person is convicted of the offense.
1-11 Sec. 99.002. STRICT LIABILITY FOR DAMAGES ARISING FROM
1-12 MANUFACTURE. A person who manufactures methamphetamine is strictly
1-13 liable for damages for personal injury, death, or property damage
1-14 arising from the manufacture.
1-15 Sec. 99.003. STRICT LIABILITY AND MINIMUM DAMAGES FOR
1-16 EXPOSURE. A person who manufactures methamphetamine is strictly
1-17 liable for any exposure by an individual to the manufacturing
1-18 process, including exposure to the methamphetamine itself or any of
1-19 the byproducts or waste products incident to the manufacture, for
1-20 the greater of:
1-21 (1) actual damages for personal injury, death, or
1-22 property damage as a result of the exposure; or
1-23 (2) $10,000 for each incident of exposure.
1-24 Sec. 99.004. JOINT AND SEVERAL LIABILITY. A person who
2-1 manufactures methamphetamine and is found liable under this chapter
2-2 or other law for any amount of damages arising from the manufacture
2-3 is jointly liable with any other defendant for the entire amount of
2-4 damages arising from the manufacture.
2-5 Sec. 99.005. CHAPTER 33 DOES NOT APPLY. Chapter 33 does not
2-6 apply in an action for damages arising from the manufacture of
2-7 methamphetamine.
2-8 Sec. 99.006. NO LIMITATION ON EXEMPLARY DAMAGES. Section
2-9 41.008(b) does not apply in an action for damages arising from the
2-10 manufacture of methamphetamine.
2-11 SECTION 2. Section 33.002(c), Civil Practice and Remedies
2-12 Code, is amended to read as follows:
2-13 (c) This chapter does not apply to:
2-14 (1) an action to collect workers' compensation
2-15 benefits under the workers' compensation laws of this state
2-16 (Subtitle A, Title 5, Labor Code) or actions against an employer
2-17 for exemplary damages arising out of the death of an employee; [or]
2-18 (2) a claim for exemplary damages included in an
2-19 action to which this chapter otherwise applies; or
2-20 (3) a cause of action for damages arising from the
2-21 manufacture of methamphetamine as described by Chapter 99.
2-22 SECTION 3. Section 41.008, Civil Practice and Remedies Code,
2-23 is amended by adding Subsection (f) to read as follows:
2-24 (f) Subsection (b) does not apply to a cause of action for
2-25 damages arising from the manufacture of methamphetamine as
2-26 described by Chapter 99.
2-27 SECTION 4. (a) This Act takes effect immediately if it
3-1 receives a vote of two-thirds of all the members elected to each
3-2 house, as provided by Section 39, Article III, Texas Constitution.
3-3 If this Act does not receive the vote necessary for immediate
3-4 effect, this Act takes effect September 1, 2001.
3-5 (b) This Act applies only to a cause of action that accrues
3-6 on or after the effective date of this Act. An action that accrued
3-7 before the effective date of this Act is governed by the law
3-8 applicable to the action immediately before the effective date of
3-9 this Act, and that law is continued in effect for that purpose.