1-1 By: Clark, Homer, Keffer (Senate Sponsor - Haywood) H.B. No. 2087
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 10, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to civil liability for the manufacture of methamphetamine.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-11 amended by adding Chapter 99 to read as follows:
1-12 CHAPTER 99. LIABILITY FOR MANUFACTURE OF METHAMPHETAMINE
1-13 Sec. 99.001. APPLICABILITY. This chapter applies only to a
1-14 person who manufactures methamphetamine in violation of Section
1-15 481.112, Health and Safety Code, without regard to whether the
1-16 person is convicted of the offense.
1-17 Sec. 99.002. STRICT LIABILITY FOR DAMAGES ARISING FROM
1-18 MANUFACTURE. A person who manufactures methamphetamine is strictly
1-19 liable for damages for personal injury, death, or property damage
1-20 arising from the manufacture.
1-21 Sec. 99.003. STRICT LIABILITY AND MINIMUM DAMAGES FOR
1-22 EXPOSURE. A person who manufactures methamphetamine is strictly
1-23 liable for any exposure by an individual to the manufacturing
1-24 process, including exposure to the methamphetamine itself or any of
1-25 the byproducts or waste products incident to the manufacture, for
1-26 the greater of:
1-27 (1) actual damages for personal injury, death, or
1-28 property damage as a result of the exposure; or
1-29 (2) $10,000 for each incident of exposure.
1-30 Sec. 99.004. JOINT AND SEVERAL LIABILITY. A person who
1-31 manufactures methamphetamine and is found liable under this chapter
1-32 or other law for any amount of damages arising from the manufacture
1-33 is jointly liable with any other defendant for the entire amount of
1-34 damages arising from the manufacture.
1-35 Sec. 99.005. CHAPTER 33 DOES NOT APPLY. Chapter 33 does not
1-36 apply in an action for damages arising from the manufacture of
1-37 methamphetamine.
1-38 Sec. 99.006. NO LIMITATION ON EXEMPLARY DAMAGES. Section
1-39 41.008(b) does not apply in an action for damages arising from the
1-40 manufacture of methamphetamine.
1-41 SECTION 2. Section 33.002(c), Civil Practice and Remedies
1-42 Code, is amended to read as follows:
1-43 (c) This chapter does not apply to:
1-44 (1) an action to collect workers' compensation
1-45 benefits under the workers' compensation laws of this state
1-46 (Subtitle A, Title 5, Labor Code) or actions against an employer
1-47 for exemplary damages arising out of the death of an employee; [or]
1-48 (2) a claim for exemplary damages included in an
1-49 action to which this chapter otherwise applies; or
1-50 (3) a cause of action for damages arising from the
1-51 manufacture of methamphetamine as described by Chapter 99.
1-52 SECTION 3. Section 41.008, Civil Practice and Remedies Code,
1-53 is amended by adding Subsection (f) to read as follows:
1-54 (f) Subsection (b) does not apply to a cause of action for
1-55 damages arising from the manufacture of methamphetamine as
1-56 described by Chapter 99.
1-57 SECTION 4. (a) This Act takes effect immediately if it
1-58 receives a vote of two-thirds of all the members elected to each
1-59 house, as provided by Section 39, Article III, Texas Constitution.
1-60 If this Act does not receive the vote necessary for immediate
1-61 effect, this Act takes effect September 1, 2001.
1-62 (b) This Act applies only to a cause of action that accrues
1-63 on or after the effective date of this Act. An action that accrued
1-64 before the effective date of this Act is governed by the law
2-1 applicable to the action immediately before the effective date of
2-2 this Act, and that law is continued in effect for that purpose.
2-3 * * * * *