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