|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to classifying oysters as an inherently unsafe product for |
|
|
personal consumption. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (a), Section 82.004, Civil Practice |
|
|
and Remedies Code, is amended to read as follows: |
|
|
(a) In a products liability action, a manufacturer or seller |
|
|
shall not be liable if: |
|
|
(1) the product is inherently unsafe and the product |
|
|
is known to be unsafe by the ordinary consumer who consumes the |
|
|
product with the ordinary knowledge common to the community; and |
|
|
(2) the product is a common consumer product intended |
|
|
for personal consumption, such as: |
|
|
(A) sugar, castor oil, alcohol, tobacco, and |
|
|
butter, as identified in Comment i to Section 402A of the |
|
|
Restatement (Second) of Torts; or |
|
|
(B) an oyster. |
|
|
SECTION 2. Subsection (a), Section 82.004, Civil Practice |
|
|
and Remedies Code, as amended by this Act, applies only to a cause |
|
|
of action commenced on or after the effective date of this Act. A |
|
|
cause of action commenced before the effective date of this Act is |
|
|
governed by the law in effect at the time the action accrued, and |
|
|
that law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |