Amend CSHB 25 (house committee report) on page 1, between lines 18 and 19, by inserting the following appropriately numbered section and reordering subsequent sections as necessary:
Sec. 446.____. LIABILITY OF MANUFACTURER FOR ADVERTISING IVERMECTIN. (a) In this section, "advertise" means a media communication, including through television, radio, print, the Internet, digital or electronic media, product placement, promotion by an influencer in exchange for compensation, or other manner of paid promotion, a pharmaceutical manufacturer purchases to promote the manufacturer's ivermectin drug. The term does not include:
(1) any discussion between a health care provider and the provider's patient or written materials a health care provider provides to a patient concerning ivermectin; or
(2) any posters, decorations, or other materials or promotional items concerning ivermectin that are displayed in or made available by a health care facility, health care provider's office, or other clinical setting.
(b) A manufacturer is liable to an individual if:
(1) the manufacturer advertises ivermectin in this state; and
(2) the advertised ivermectin causes harm or injury to the individual.
(c) Notwithstanding any other law, an individual may bring an action under this section not later than the third anniversary of the date the cause of action accrues.
(d) court shall award a claimant who prevails in an action brought under this section:
(1) actual damages; and
(2) court costs and reasonable attorney's fees incurred in bringing the action.