By Clark                                              H.B. No. 2087
         77R7578 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.  DEFINITION. In this chapter, "methamphetamine"
 1-8     includes its salts, optical isomers, and salts of optical isomers.
 1-9           Sec. 99.002.  APPLICABILITY. This chapter applies only to a
1-10     person who manufactures methamphetamine in violation of law.
1-11           Sec. 99.003.  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. 99.004.  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. 99.005.  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. 99.006.  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. 99.007.  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;
2-18     [or]
2-19                 (2)  a claim for exemplary damages included in an
2-20     action to which this chapter otherwise applies; or
2-21                 (3)  a cause of action for damages arising from the
2-22     manufacture of methamphetamine as described by Chapter 99.
2-23           SECTION 3. Section 41.008, Civil Practice and Remedies Code,
2-24     is amended by adding Subsection (f) to read as follows:
2-25           (f)  Subsection (b) does not apply to a cause of action for
2-26     damages arising from the manufacture of methamphetamine as
2-27     described by Chapter 99.
 3-1           SECTION 4.  (a)  This Act takes effect immediately if it
 3-2     receives a vote of two-thirds of all the members elected to each
 3-3     house, as provided by Section 39, Article III, Texas Constitution.
 3-4     If this Act does not receive the vote necessary for immediate
 3-5     effect, this Act takes effect September 1, 2001.
 3-6           (b)  This Act applies only to a cause of action that accrues
 3-7     on or after the effective date of this Act.  An action that accrued
 3-8     before the effective date of this Act is governed by the law
 3-9     applicable to the action immediately before the effective date of
3-10     this Act, and that law is continued in effect for that purpose.