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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability of a person who produces, distributes, |
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sells, or provides or aids in the production, distribution, sale, |
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or provision of certain synthetic substances to another person for |
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damages caused by the other person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1191 to read as follows: |
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Sec. 481.1191. CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN |
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PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC |
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SUBSTANCES. (a) In this section: |
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(1) "Minor" means a person younger than 18 years of |
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age. |
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(2) "Synthetic substance" means an artificial |
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substance that produces and is intended to produce when consumed or |
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ingested an effect similar to or in excess of the effect produced by |
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the consumption or ingestion of a controlled substance or |
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controlled substance analogue, as those terms are defined by |
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Section 481.002. |
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(b) A person is liable for damages proximately caused by the |
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consumption or ingestion of a synthetic substance by another person |
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if the actor: |
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(1) produced, distributed, sold, or provided the |
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synthetic substance to the other person; or |
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(2) aided in the production, distribution, sale, or |
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provision of the synthetic substance to the other person. |
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(c) A person is strictly liable for all damages caused by |
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the consumption or ingestion of a synthetic substance by a minor if |
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the actor: |
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(1) produced, distributed, sold, or provided the |
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synthetic substance to the minor; or |
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(2) aided in the production, distribution, sale, or |
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provision of the synthetic substance to the minor. |
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(d) A person who is found liable under this section or other |
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law for any amount of damages arising from the consumption or |
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ingestion by another of a synthetic substance is jointly and |
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severally liable with any other person for the entire amount of |
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damages awarded. |
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(e) Chapter 33, Civil Practice and Remedies Code, does not |
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apply to an action brought under this section or an action brought |
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under Section 17.50, Business & Commerce Code, based on conduct |
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made actionable under Subsection (f) of this section. |
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(f) Conduct for which Subsection (b) or (c) creates |
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liability is a false, misleading, or deceptive act or practice or an |
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unconscionable action or course of action for purposes of Section |
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17.50, Business & Commerce Code, and that conduct is: |
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(1) actionable under Subchapter E, Chapter 17, |
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Business & Commerce Code; and |
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(2) subject to any remedy prescribed by that |
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subchapter. |
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(g) An action brought under this section may include a claim |
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for exemplary damages, which may be awarded in accordance with |
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Section 41.003, Civil Practice and Remedies Code. |
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(h) Section 41.008, Civil Practice and Remedies Code, does |
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not apply to the award of exemplary damages in an action brought |
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under this section. |
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(i) Section 41.005, Civil Practice and Remedies Code, does |
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not apply to a claim for exemplary damages in an action brought |
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under this section. |
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(j) It is an affirmative defense to liability under this |
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section that the synthetic substance produced, distributed, sold, |
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or provided was approved for use, sale, or distribution by the |
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United States Food and Drug Administration or other state or |
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federal regulatory agency with authority to approve a substance for |
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use, sale, or distribution. |
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(k) It is not a defense to liability under this section that |
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a synthetic substance was in packaging labeled with "Not for Human |
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Consumption" or other wording indicating the substance is not |
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intended to be ingested. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrued before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |