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AN ACT
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relating to classifying oysters as an inherently unsafe product for |
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personal consumption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 82.004, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(a) In a products liability action, a manufacturer or seller |
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shall not be liable if: |
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(1) the product is inherently unsafe and the product |
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is known to be unsafe by the ordinary consumer who consumes the |
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product with the ordinary knowledge common to the community; and |
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(2) the product is a common consumer product intended |
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for personal consumption, such as: |
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(A) sugar, castor oil, alcohol, tobacco, and |
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butter, as identified in Comment i to Section 402A of the |
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Restatement (Second) of Torts; or |
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(B) an oyster. |
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SECTION 2. Subsection (a), Section 82.004, Civil Practice |
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and Remedies Code, as amended by this Act, applies only to a cause |
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of action commenced on or after the effective date of this Act. A |
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cause of action commenced before the effective date of this Act is |
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governed by the law in effect at the time the action accrued, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 791 passed the Senate on |
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May 3, 2007, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 791 passed the House on |
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May 23, 2007, by the following vote: Yeas 142, Nays 2, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |