By: Williams  S.B. No. 791
         (In the Senate - Filed February 21, 2007; March 6, 2007,
  read first time and referred to Committee on State Affairs;
  April 25, 2007, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 25, 2007, sent to printer.)
 
 
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.
 
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