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					                                                                                    H.B. No. 2087



                                            AN ACT

relating to civil liability for the manufacture of methamphetamine.

                           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF

TEXAS:

                           SECTION 1. Title 4, Civil Practice and Remedies Code, is amended

by adding Chapter 99 to read as follows:

       CHAPTER 99. LIABILITY FOR MANUFACTURE OF METHAMPHETAMINE

                           Sec. 99.001. APPLICABILITY. This chapter applies only to a person

who manufactures methamphetamine in violation of Section 481.112, Health and Safety Code,

without regard to whether the person is convicted of the offense.

                           Sec. 99.002. STRICT LIABILITY FOR DAMAGES ARISING

FROM MANUFACTURE. A person who manufactures methamphetamine is strictly liable for

damages for personal injury, death, or property damage arising from the manufacture.

                           Sec. 99.003. STRICT LIABILITY AND MINIMUM DAMAGES

FOR EXPOSURE. A person who manufactures methamphetamine is strictly liable for any

exposure by an individual to the manufacturing process, including exposure to the

methamphetamine itself or any of the byproducts or waste products incident to the manufacture,

for the greater of:

                                    (1) actual damages for personal injury, death, or property

damage as a result of the exposure; or

                                    (2) $10,000 for each incident of exposure.
                           Sec. 99.004. JOINT AND SEVERAL LIABILITY. A person who

manufactures methamphetamine and is found liable under this chapter or other law for any

amount of damages arising from the manufacture is jointly liable with any other defendant for the

entire amount of damages arising from the manufacture.

                           Sec. 99.005. CHAPTER 33 DOES NOT APPLY. Chapter 33 does

not apply in an action for damages arising from the manufacture of methamphetamine.

                           Sec. 99.006. NO LIMITATION ON EXEMPLARY DAMAGES.

Section 41.008(b) does not apply in an action for damages arising from the manufacture of

methamphetamine.

                           SECTION 2. Section 33.002(c), Civil Practice and Remedies Code, is

amended to read as follows:

                           (c) This chapter does not apply to:

                                    (1) an action to collect workers' compensation benefits under

the workers' compensation laws of this state (Subtitle A, Title 5, Labor Code) or actions against

an employer for exemplary damages arising out of the death of an employee; [or]

                                    (2) a claim for exemplary damages included in an action to

which this chapter otherwise applies; or

                                    (3) a cause of action for damages arising from the

manufacture of methamphetamine as described by Chapter 99.

                           SECTION 3. Section 41.008, Civil Practice and Remedies Code, is

amended by adding Subsection (f) to read as follows:

                           (f) Subsection (b) does not apply to a cause of action for damages

arising from the manufacture of methamphetamine as described by Chapter 99.
                            SECTION 4. (a) This Act takes effect immediately if it receives a

vote of two-thirds of all the members elected to each house, as provided by Section 39, Article

III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2001.

                            (b) This Act applies only to a cause of action that accrues on or after

the effective date of this Act. An action that accrued before the effective date of this Act is

governed by the law applicable to the action immediately before the effective date of this Act,

and that law is continued in effect for that purpose.
_______________________________           _______________________________

  President of the Senate          Speaker of the House



                            I certify that H.B. No. 2087 was passed by the House on May 1, 2001,

by a non-record vote.




                        _______________________________

                         Chief Clerk of the House



                            I certify that H.B. No. 2087 was passed by the Senate on May 21,

2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting.




                        _______________________________

                         Secretary of the Senate




APPROVED: __________________________

             Date
__________________________

    Governor

				
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