85R7629 GCB-F     By: Meyer H.B. No. 2612       A BILL TO BE ENTITLED   AN ACT   relating to civil liability of a person who produces, distributes,   sells, or provides or aids in the production, distribution, sale,   or provision of certain synthetic substances to another person for   damages caused by the other person.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 481, Health and Safety   Code, is amended by adding Section 481.1191 to read as follows:          Sec. 481.1191.  CIVIL LIABILITY FOR ENGAGING IN OR AIDING IN   PRODUCTION, DISTRIBUTION, SALE, OR PROVISION OF SYNTHETIC   SUBSTANCES. (a) In this section:                (1)  "Minor" means a person younger than 18 years of   age.                (2)  "Synthetic substance" means an artificial   substance that produces and is intended to produce when consumed or   ingested an effect similar to or in excess of the effect produced by   the consumption or ingestion of a controlled substance or   controlled substance analogue, as those terms are defined by   Section 481.002.          (b)  A person is liable for damages proximately caused by the   consumption or ingestion of a synthetic substance by another person   if the actor:                (1)  produced, distributed, sold, or provided the   synthetic substance to the other person; or                (2)  aided in the production, distribution, sale, or   provision of the synthetic substance to the other person.          (c)  A person is strictly liable for all damages caused by   the consumption or ingestion of a synthetic substance by a minor if   the actor:                (1)  produced, distributed, sold, or provided the   synthetic substance to the minor; or                (2)  aided in the production, distribution, sale, or   provision of the synthetic substance to the minor.          (d)  A person who is found liable under this section or other   law for any amount of damages arising from the consumption or   ingestion by another of a synthetic substance is jointly and   severally liable with any other person for the entire amount of   damages awarded.          (e)  Chapter 33, Civil Practice and Remedies Code, does not   apply to an action brought under this section or an action brought   under Section 17.50, Business & Commerce Code, based on conduct   made actionable under Subsection (f) of this section.          (f)  Conduct for which Subsection (b) or (c) creates   liability is a false, misleading, or deceptive act or practice or an   unconscionable action or course of action for purposes of Section   17.50, Business & Commerce Code, and that conduct is:                (1)  actionable under Subchapter E, Chapter 17,   Business & Commerce Code; and                (2)  subject to any remedy prescribed by that   subchapter.          (g)  An action brought under this section may include a claim   for exemplary damages, which may be awarded in accordance with   Section 41.003, Civil Practice and Remedies Code.          (h)  Section 41.008, Civil Practice and Remedies Code, does   not apply to the award of exemplary damages in an action brought   under this section.           (i)  Section 41.005, Civil Practice and Remedies Code, does   not apply to a claim for exemplary damages in an action brought   under this section.          (j)  It is an affirmative defense to liability under this   section that the synthetic substance produced, distributed, sold,   or provided was approved for use, sale, or distribution by the   United States Food and Drug Administration or other state or   federal regulatory agency with authority to approve a substance for   use, sale, or distribution.          (k)  It is not a defense to liability under this section that   a synthetic substance was in packaging labeled with "Not for Human   Consumption" or other wording indicating the substance is not   intended to be ingested.          SECTION 2.   This Act applies only to a cause of action that   accrues on or after the effective date of this Act. A cause of   action that accrued before the effective date of this Act is   governed by the law applicable to the cause of action immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.