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AN ACT
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relating to the liability of vaccine manufacturers that advertise a |
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harmful vaccine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.118 to read as follows: |
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Sec. 431.118. LIABILITY OF MANUFACTURER FOR ADVERTISING |
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CERTAIN VACCINES. (a) In this section, "advertise" means a media |
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communication, including through television, radio, print, the |
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Internet, digital or electronic media, product placement, |
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promotion by an influencer in exchange for compensation, or other |
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manner of paid promotion, a vaccine manufacturer purchases to |
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promote the manufacturer's vaccine. The term does not include: |
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(1) any discussion between a health care provider and |
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the provider's patient or written materials a health care provider |
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provides to a patient concerning a vaccine; or |
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(2) any posters, decorations, or other materials or |
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promotional items concerning a vaccine that are displayed in or |
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made available by a health care facility, health care provider's |
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office, or other clinical setting. |
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(b) A manufacturer is liable to an individual if: |
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(1) the manufacturer advertises a vaccine in this |
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state; and |
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(2) the advertised vaccine causes harm or injury to |
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the individual. |
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(c) Notwithstanding any other law, an individual may bring |
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an action under this section not later than the third anniversary of |
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the date the cause of action accrues. |
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(d) A court shall award a claimant who prevails in an action |
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brought under this section: |
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(1) actual damages; and |
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(2) court costs and reasonable attorney's fees |
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incurred in bringing the action. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3441 was passed by the House on May |
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16, 2025, by the following vote: Yeas 88, Nays 31, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3441 was passed by the Senate on May |
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27, 2025, by the following vote: Yeas 21, Nays 10. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |