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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of sellers and manufacturers for the |
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misuse of a product. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
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amended by adding Section 82.0045 to read as follows: |
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Sec. 82.0045. LIABILITY FOR MISUSE. (a) In this section, |
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"misuse" means the use of a product in a manner other than the |
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product's intended use. Misuse includes a use: |
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(1) inconsistent with the specifications and |
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standards applicable to the product; |
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(2) contrary to an instruction or warning provided by |
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the manufacturer, seller, or other person possessing knowledge or |
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training regarding the use or maintenance of the product; or |
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(3) determined to be improper by a federal or state |
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agency charged with protecting consumer or product safety. |
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(b) In a products liability action, a manufacturer or seller |
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shall not be liable for any claim arising out of harm caused by |
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misuse of a product by a person other than the manufacturer or |
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seller. |
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(c) On its own motion and after reasonable notice to the |
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parties, the court shall dismiss a claim filed after September 1, |
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2015, if the court finds by a preponderance of the evidence that the |
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claim was caused by misuse of a product by a person other than the |
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manufacturer or seller. |
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SECTION 2. The change in law made by this Act applies to an |
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action filed on or after the effective date of this Act. An action |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the action was filed, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |