2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 148 - Liability During Pandemic Emergency › Section 148.002. Products Liability Actions Related to Pandemic Emergency

Sec. 148.002.  PRODUCTS LIABILITY ACTIONS RELATED TO PANDEMIC EMERGENCY.  (a)  This section applies only to the following products:
(1)  clothing or equipment worn to minimize exposure to hazards of a pandemic disease that cause injury or illness;
(2)  medical devices, equipment, and supplies used during a pandemic emergency or to treat individuals infected or suspected to be infected with a pandemic disease, including devices, equipment, and supplies used or modified for an unapproved use to treat or prevent the spread of the disease or used outside of their normal use to treat or prevent the spread of the disease;
(3)  drugs, medicines, or vaccines used to treat or prevent the spread of a pandemic disease, including drugs, medicines, or vaccines prescribed, dispensed, or administered for an unapproved use in an attempt to treat or prevent the spread of the disease or used outside of their normal use in an attempt to treat or prevent the spread of the disease;
(4)  tests to diagnose or determine immunity to a pandemic disease;
(5)  commercial cleaning, sanitizing, or disinfecting supplies used to prevent the spread of a pandemic disease; or
(6)  any component of a product described by this subsection.
(b)  A person who designs, manufactures, sells, or donates a product described by Subsection (a) during a pandemic emergency is not liable for personal injury, death, or property damage caused by the product unless:
(1)  the person:
(A)  had actual knowledge of a defect in the product when the product left the person's control; or
(B)  acted with actual malice in designing, manufacturing, selling, or donating the product; and
(2)  the product presents an unreasonable risk of substantial harm to an individual using or exposed to the product.
(c)  A person who designs, manufactures, labels, sells, or donates a product described by Subsection (a) during a pandemic emergency is not liable for personal injury, death, or property damage caused by a failure to warn or provide adequate instructions regarding the use of a product unless:
(1)  the person acted with actual malice in failing to warn or provide adequate instructions regarding the use of the product; and
(2)  the failure to warn or provide adequate instructions regarding the use of the product presents an unreasonable risk of substantial harm to an individual using or exposed to the product.
(d)  A person is not liable for personal injury, death, or property damage caused by or resulting from the person's selection, distribution, or use of a product described by Subsection (a) during a pandemic emergency unless:
(1)  the person:
(A)  had actual knowledge of a defect in the product when the person selected, distributed, or used the product; or
(B)  acted with actual malice in selecting, distributing, or using the product; and
(2)  the product presents an unreasonable risk of substantial harm to an individual using or exposed to the product.
Added by Acts 2021, 87th Leg., R.S., Ch. 528 (S.B. 6), Sec. 3, eff. June 14, 2021.